Vikash Kumar Rai Singh vs State Of U.P.
- Neutral2025:AHC:148798
Ratio decidendi
The rule this decision rests on
In bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a chargesheet has been filed and trial is ongoing, bail may be granted notwithstanding the nature and severity of the accusations if the court is satisfied that there is no reasonable apprehension of the accused fleeing from the course of justice or tampering with evidence, particularly where the prosecution has failed to secure independent witnesses to the recovery of contraband and the accused has credibly explained his criminal antecedents.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vikash Kumar Rai Singh, seeking enlargement on bail in Case Crime No.122 of 2025, under Sections 60 and 72 of U.P. Excise Act and Sections 318 (4), 319(2), 336(3), 338 and 340 of theBharatiya Nyaya Sanhita, 2023, Police Station Narahi, District Ballia.
3. In the F.I.R. it has been stated that 43 boxes 8PM. containing 180m. and 6 boxes Royal Staff containing 750 ml contraband article has been recovered from the possession of the accused-applicant.
4. Learned counsel for the applicant argued that the accused-applicant is driver of vehicle B R06CJ1787. He is innocent and has been falsely implicated in this very case crime number. He further submitted that the S.I. has not tried to procure independent witnesses of the recovery. Chargesheet has been filed in this case. Trial is going on. The applicant is languishing in jail since 24.05.2025. He has one criminal antecedent which has been explained in para-19 of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.
5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that there is no independent witness of the recovery, chargesheet has been filed and trial is going on.
6. 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
7. Accordingly, the bail application is allowed.
8. Let the accused-applicant, Vikash Kumar Rai Singh, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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.
9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
August 26, 2025
Asha
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