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2025 DAILYLAW 15778 (ALL)

VINOD KUMAR v. STATE OF U.P.

BAIL/4845/2025 · 2025-05-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74983 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4845 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Singh,Ram Prakash Sharma,Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ravindra Prakash Srivastava, learned counsel for the applicant, and Shri S.K.Rai, learned AGA-Ist, for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vinod Kumar, seeking enlargement on bail in Case Crime No. 142 of 2024, under Section 409 I.P.C. and Section 3/7 of Essential Commodities Act, Police Station Sonaha, District- Basti. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 09.10.2024. Learned counsel for the applicant submits that a First Information Report dated 12.06.2024, has been lodged against the applicant with the allegation that the applicant who is running a P.C.F. Centre has embezzled 2382.60 Quintal paddy. Learned counsel for the applicant submits that the the applicant was not aware about the functioning of purchase center and he appointed one Anil Kumar who was running the centre. Learned counsel for the applicant further submits that the applicant also filed a complaint case against said Anil Kumar. In the present case charge sheet has been filed on 04.01.2025 and there is no need of any further custodial interrogation. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vinod Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 8.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad