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2025 DAILYLAW 148789 (ALL)

VIKAS SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/6061/2025 · 2025-07-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37822 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6061 of 2025 Applicant :- Vikas Srivastava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Ashwani Kumar Singh,Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that due to repair work in the office of the S.D.M., Patti, he was conducting the hearing in his chamber on 7.3.2025. While the regular hearing was conducted in the chamber of S.D.M. at around 11.30 am, two rival groups of advocates started quarreling. An attempt was made to pacify the parties and they were taken out of the chamber. But in the corridor, they again started fighting and someone fired which hit the ceiling. Some advocates have beaten the Government employees. Learned counsel for the applicant submits that no specific role has been assigned to the applicant. He is a practising advocate. There is no recovery of any incriminating article from the possession of the applicant. The offences are triable by Magistrate. It is further submitted that the applicant has no previous criminal history and he is languishing in jail since 6.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the offences are triable by magistrate; the applicant is a practising advocate; general nature of allegations have been levelled against the applicant; he is languishing in jail since 6.5.2025 having no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Vikas Srivastava involved in Case Crime No. 62 of 2025, under Section 221, 194(1), 288, 132, 121(1) B.N.S. & Section 7 of Criminal Law Amendment Act, 1932, Police Station- Kotwali Patti, District- Pratapgarh, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 209 of BNS. Order Date :- 4.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench