VIKAS KUMAR KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7027/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154888 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154888 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44056 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7027 of 2025 Applicant :- Vikas Kumar Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Mohd Agha Haider Rizvi,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the applicant has allegedly demanded a bribe of Rs.10,000/- from the complainant for sanction of loan of Rs.20 lacs under N.L.M. scheme of the government. Allegedly, the applicant was approached by the complainant who demanded bribe money. It is further alleged that in trap proceedings, Rs.10,000/- has been recovered from the applicant. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has no previous criminal history. Charge sheet has been filed, offence under sections 7/12 of Prevention of Corruption Act is punishable upto maximum period of seven years. No recovery has been made from the personal search of the applicant. Phenolphthalein test was not conducted at the place of incident nor the recovery memo was prepared at the place of incident. The applicant has an impeccable career. The applicant is in jail since 30.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Vikas Kumar Kashyap, involved in Case Crime No.03/2025 under sections 7/12 Prevention of Corruption Act, P.S. Anti Corruption, Banda, district A.C.O., U.P. 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 under Section 229-A I.P.C. (now 269 BNS) (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. (now 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 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly.
Order Date :- 30.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench