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Neutral Citation No. - 2025:AHC:123417 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7557 of 2025 Applicant :- Vikas Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Arvind Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. Applicant seeks bail in Case Crime No. 124 of 2024, under Sections 308(2), 318(2), 318(4), 338, 336(3), 340(2), 317(2), 61(2) BNS and Section 66(D) of I.T. Act, Police Station Cyber Crime, District Varanasi, during the pendency of trial.
3. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR has been lodged against unknown persons. He has nothing to do with the said offence as alleged in the FIR.
4. Learned counsel has further stated that the applicant is not named in the FIR and name of the applicant has come up in the statement of the co-accused Kunal Singh before the police, which has no evidentiary value in the eyes of law. The FIR itself is delayed by more than one day and there is no explanation of the said delay caused.
5. There is no criminal history of the applicant. The applicant is languishing in jail since 13.12.2024 and he is ready to cooperate with trial.
6. Learned counsel lastly submitted that co-accused, namely, Harsh Mishra, Nitin Singh and Abhishek Jaiswal, have already been granted bail by Co-ordinate Bench of this Court, vide
order dated 21.7.2025, 23.7.2025 and 24.7.2025, passed in Criminal Misc. Bail Application Nos.17970 of 2025; 5668 of 2025 and 2979 of 2025, respectively. Copy of bail orders have been placed before the Court and parity is being claimed. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Vikas Singh, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial.
ii) The applicant shall not pressurise/intimidate with the prosecution
witnesses.
iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 25.7.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad