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2025 DAILYLAW 26058 (ALL)

VIKKI SAHU v. STATE OF U.P.

BAIL/7938/2025 · 2025-05-01

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70240 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7938 of 2025 Applicant :- Vikki Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Babul Kumar Sharma, learned counsel for the applicant and Shri Yagvalkya Pandey, learned AGA for the State- Respondent and perused the record. 2. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 48 of 2025, under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 (City Act), Police Station Sipari Bazar, District Jhansi. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 08.02.2025. Learned counsel for the applicant submits that the applicant is a Technician and works to install CCTV Camera. On the date of incident, he went to install CCTV Camera in the market where the incident took place and the Police apprehended him under the suspicion. In fact the applicant is not arrested from the spot. The entire case of the prosecution rests upon the confession of the co-accused which is inadmissible in evidence and therefore there is no credible or cogent evidence against the applicant. It is next submitted that apart from the confessions of the co-accused as well as the members of the police team, statement of no other independent witnesses were recorded. No offence under the aforesaid sections is made out against the applicant and he has been falsely implicated in the present case because of malice, revenge and ulterior motive of the prosecution. Learned counsel for the applicant further submits that the co-accused namely Smt. Suman Prajapati has been granted bail by this Court in Criminal Misc. Bail Application No. 8100 of 2025, vide order dated 09.04.2025. It is further submitted that on the similar footing the co-accused Ritesh Sen has been granted bail by this Court vide order dated 15.04.2025 passed in Criminal Misc. Bail Application No. 12099 of 2025, therefore, the applicant is also entitled to be released on bail. He has no criminal antecedent and there is no chance of fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Vikki Sahu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: a. The applicant will not tamper with the evidence. b. The applicant will not indulge in any criminal activity. c. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. d. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 2.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad