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2025 DAILYLAW 160235 (ALL)

VIKAS KUMAR GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8054/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8054 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Suhail Kashif, learned counsel for the applicant, Smt. Rafia Faruqee, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.371 of 2025 under Sections 140(1), 127(2), 351(3) of B.N.S. added Section 140(2) B.N.S. registered at Police Station- Fatehpur, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.05.2025 against one Subhash stating that the applicant's son Ravi Kumar Gautam had gone to the named accused for doing some labour work. In the evening, somebody made a phone call from the phone of the informant's son stating that the informant's son had been held hostage. The informant's son also stated that he had been held hostage. 4. The police claimed to have apprehended three persons on the basis of information received from a mukhbir while they were standing near a culvert. The arrest memo mentions that all three persons tried to escape on a motorcycle upon seeing the police but they were apprehended by use of force. The persons were the named Versus Counsel for Applicant(s) : Suhail Kashif Counsel for Opposite Party(s) : G.A. Vikas Kumar Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) accused- Subhash, Vikas Kumar Gupta (the applicant) and Ravi Kumar Gautam (the victim). 5. In the custodial statements, the applicant and the other named accused person confessed that they had abducted the victim. The victim stated that the accused persons had demanded Rs.10 Lakhs as ransom and the accused persons stated that when the family members of the victim said that they had arranged the money, they had gone to collect the money and were waiting for the same. . 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. It has been further stated that the applicant has no previous criminal history and after his arrest, he has been implicated in another case relating to the Arms Act. 7. Learned A.G.A. has vehemently opposed the bail application and she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 25.08.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR states that the informant and the victim both do manual labour work; the arrest memo states that the accused persons and the victim were apprehended by the police and all of them tried to escape which appears to be quite strange as the victim did not try to approach the police for helping and setting him free; the victim has stated that the applicant had demanded Rs.10 lakhs and the accused persons stated in their custodial statement that the victim's family members had arranged the money but there is no material to substantiate this contention and that the applicant is a young man having no criminal history, he is languishing in jail since 20.05.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. BAIL No. 8054 of 2025 2 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Vikas Kumar Gautam be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. August 27, 2025 -Amit K- BAIL No. 8054 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench