VIKAS PATEL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO.
BAIL/2477/2025 · 2025-11-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175043 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175043 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2477 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and Sri Rishi Raj Mishra for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.204 of 2024 under sections 103(1) & 61(2) BNS, P.S. Jethwara, District Pratapgarh. 3. The counsel for the applicant argues that the applicant was not named in the FIR and his name emerged in the statement under section 161 Cr.P.C. where also, no allegation of causing the firearm injury was assigned to the applicant, which is the cause of death. It is further argued that the co- accused with similar allegations was enlarged on bail vide order dated 31.10.2025 passed in Bail Application No.1288 of 2025, although in the said order, it was observed that the said order would not entitle the claim of parity by the other co-accused. He argues that there is no material whatsoever against the applicant, even the weapon allegedly recovered is not in the presence of any independent witnesses. 4. As regards the statement of the informant, it was stated that on account of the financial dispute, fight used to happen occasionally and the main accused who stayed in Delhi got the offence done with the aid of three persons including the applicant and the co-accused Rajendra Kumar who has been enlarged on bail. The applicant is in custody since 19.08.2024 and has no Versus Counsel for Applicant(s) : Sachin Kumar Srivastava, Rajeev Kumar Singh Counsel for Opposite Party(s) : G.A., Anurag Kumar Singh, Rishi Raj Mishra Vikas Patel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. .....Opposite Party(s)
criminal history. 5. The counsel for the informant, strongly, opposes the bail application by arguing that apart from the statement, the other circumstantial evidence clearly printout and implicate the applicant with the offence in question. With regard to the main accused Satish, it is alleged that he has a long criminal antecedents and a reward was also declared on him, as is evident from the counter affidavit filed by the informant. 6.
Considering the arguments raised at the bar, prima-facie, apart from the statement, no substantial material exists against the applicant, to clearly implicate him at this stage coupled with the fact that the applicant has no criminal history, as such, considering the reasoning recorded in the case of the co-accused, which are similar to the applicant, the applicant who is in custody since 19.08.2024 is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Vikas Patel be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 6, 2025 VNP/- BAIL No. 2477 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench