KAPIL ALIAS VIVEK v. STATE OF U.P. THRU. PRIN. SECY. HOME, U.P. LUCKNOW
BAIL/8620/2023 · 2025-11-07
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 177261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177261 (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. - 8620 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Ms.Nisha Srivastava, learned Amicus Curaie appointed by this Court on behalf of the applicant as well as learned AGA for the State. 2. The applicant seeks enlargement on bail in Case Crime/FIR No.54/2022 (S.T. No. 840/2022), under Sections 147, 148, 149, 302 IPC, Police Station - Mandhata, District - Pratapgarh. 3. Learned counsel for the applicant submits in terms of FIR, allegations were leveled that the husband of the informant was taken away by the accused, who were six in number, and attacked with a sharp weapon, resulting in death. It is argued that the co-accused were enlarged on bail, vide orders which are contained in Annexure No.10. The applicant is in custody since 11.03.2022 and has no criminal history except one offence, in which allegations were leveled that the applicant has enticed the daughter. 4. Learned AGA has opposed the bail application. 5. Considering the pre-trial detention undergone by the applicant of more than three and a half years, the fact that co-accused have been enlarged on bail, and as per office report indicating that two of the witnesses have been examined till 06.10.2025, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dilip Mishra, Ashish Kumar Shukla, Nisha Srivastava Counsel for Opposite Party(s) : G.A. Kapil Alias Vivek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow .....Opposite Party(s)
6. Let the applicant- Kapil Alias Vivek, be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. 7.
7. The amount as directed to be paid in the order dated 18.09.2025 to the Amicus Curaie shall be paid forthwith. November 7, 2025 Mohit Singh/- BAIL No. 8620 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench