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2025 DAILYLAW 14688 (ALL)

VIKAS ALIAS SURENDRA v. STATE OF U.P.

BAIL/10675/2023 · 2025-05-14

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80773 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10675 of 2023 Applicant :- Vikas Alias Surendra Opposite Party :- State of U.P. Counsel for Applicant :- A.T. Pandey,Dhirendra Pratap Singh,Pawan Kumar,Satish Kumar Sharma Counsel for Opposite Party :- G.A.,Rajkapoor Upadhyay Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, Sri Raj Kapoor Upadhyay, learned counsel for the informant and learned AGA for the State-respondent. The instant bail applicant under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 209 of 2022, under Sections 307, 34 IPC, Police Station Paniyara, District Maharajganj, during the pendency of trial. As per the prosecution case, the applicant along with co- accused Pathru is alleged to have caused injuries to the father of the informant Sugreev, Pratima Devi, wife of the informant and the informant himself. Injured Sugreev has received a grievous injury on his chest and the injured Pratima Devi has received a single injury on her right hand. They have been referred to BRD medical college. Learned counsel for the applicant submitted that the injured Pratima Devi in her statement has stated that accused Vikas attacked on her head by sharp edged weapon but she protected herself from assault due to which her right hand got injured. Injuries received by Pratima Devi is not on vital part. It is further submitted that co-accused Patharu has already been granted bail by coordinate Bench of this Court vide order dated 25.01.2023 passed in Criminal Misc. Bail Application no.48475 of 2022. The applicant is in jail since 20.09.2022 having no criminal history to his credit and in case he is enlarged on bail, he will not misuse the said liberty. Learned counsel for the informant and AGA has opposed the prayer for bail and submitted that after release of co-accused, father of the informant was killed and a complaint case has been registered on an application moved under Section 156(3) Cr.P.C. by the informant wherein father of the applicant is accused. Trial is in progress and is likely to be completed. Considering the rival submission of learned counsel for the parties, injuries of the injured persons and the fact that the applicant is in jail since 20.09.2022 and trial is likely to be completed but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Let the applicant Vikas Alias Surendra, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 15.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad