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2025 DAILYLAW 163154 (ALL)

VINAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.

BAIL/10575/2024 · 2025-03-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13221 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10575 of 2024 Applicant :- Vinay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Siddhant Mishra Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 104 of 2024, under sections 420, 467, 468, 506 of the I.P.C.,Police Station-Sawayajpur, District-Hardoi. On 18-02-2025, the following order was passed :- "Learned counsel appearing for the applicant is given liberty to submit an affidavit of the applicant with respect to the undertaking for repaying back the amount of Rs. 3,00,000/- to the complainant, within a period of three months. List/put up this matter on 25.02.2025, within top ten cases. The Superintendent of Jail, District- Hardoi should facilitate the applicant to furnish the affidavit. " In compliance of the aforesaid order, the Superintendent of Jail, district- Hardoi has sent a letter dated 24-02-2025 alongwith affidavit of the applicant. From perusal of paragraph no. 2 of the affidavit, it transpires that the applicant is ready to repay Rs. 3 Lac within a period of three months to the informant namely, Smt. Kamlesh Devi. Learned counsel appearing for the complainant submits that he has no objection if the applicant is ready to pay Rs. 3 Lac to the informant,namely Smt. Kamlesh Devi, within the period prescribed by this court. In view of the aforesaid undertaking given by the applicant, this court finds it a fit case for grant of bail. Let the applicant-Vinay Kumar, involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. If the applicant fails to pay the amount of Rs. 3 Lac within a period of three months as is undertaken by him, to the informant, Smt. Kamlesh Devi, from the date of his release from jail, he shall surrender before the Chief Judicial Magistrate concerned, who shall send him to jail. Order Date :- 4.3.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench