VIJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/6679/2025 · 2025-10-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195343 (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. - 6679 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Prateek Tewari, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State and Shri Nadeem Murtaza, the learned counsel for the complainant-U.P. Jal Nigam (Rural). 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.197 of 2025 under Sections 316(5), 318(4) of B.N.S. registered at Police Station- Mehmudabad, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.05.2025 stating that an overhead water tank was constructed under Jal Jeevan Mission Programme by the applicant's company but the overhead water tank fell down. The FIR alleges that construction of the overhead water tank was sub-standard. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The complainant and the State have filed counter affidavits. 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 01.09.2025. 7. The applicant is languishing in jail since 31.05.2025. Versus Counsel for Applicant(s) : Prateek Tewari, Rahul Kumar Dubey, Ram Janam Chaudhary, Sandeep Kumar Singh Counsel for Opposite Party(s) : G.A., Nadeem Murtaza Vijay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the construction of the overhead water tank was sub-standard, no official responsible for requisite inspection to be conducted during or upon completion of the construction had been made an accused in the present case; that the applicant has no criminal history and he is languishing in jail since 31.05.2025 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. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant- Vijay Kumar 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. October 6, 2025 -Amit K- BAIL No. 6679 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench