VIKAS YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6193/2025 · 2025-07-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37431 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6193 of 2025 Applicant :- Vikas Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amrish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the respondent State. The present bail application has been filed in Case Crime No. 0036 of 2025, under Sections 317(2), 317(4), 338, 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Wazeerganj, District Gonda. As per the prosecution case, on 20.02.2025, during checking, the police team arrested the applicant along with the co-accused and recovered two stolen motorcycles, which were being used with forged number plates. On their pointing out, 13 other motorcycles were allegedly recovered.
Learned counsel for the applicant submits that the offences are triable by a Magistrate. The applicant has been falsely implicated in the case. It is further submitted that the applicant has no previous criminal history and the alleged recovery of motorcycles is false and not supported by any independent witnesses. The applicant is in jail since 22.02.2025. Learned A.G.A. has opposed the bail prayer but has not disputed the above factual submissions. I have considered the submissions advanced by learned counsel for the parties and perused the record. Considering the fact that the applicant is in jail since 22.02.2025, the offence is triable by a Magistrate, the applicant has no previous criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Vikas Yadav be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code.
Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench