Allahabad High Court High Court

Vikas Walia @ Sajan Sharma vs State Of U.P. on 29 June, 2010

Allahabad High Court
Vikas Walia @ Sajan Sharma vs State Of U.P. on 29 June, 2010
Court No. - 20

Case :- BAIL No. - 4843 of 2010

Petitioner :- Vikas Walia @ Sajan Sharma
Respondent :- State Of U.P.
Petitioner Counsel :- Firoz Ahmad Khan
Respondent Counsel :- Govt. Advocate

Hon'ble Raj Mani Chauhan,J.

Learned A.G.A. files counter affidavit, which is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the
State as well as perused the record.

The accused Vikas Walia @ Sajan Sharma, S/o Sri Sukh Deo, R/o
Chandanpur Kaseth, P.S. Banipatti, District Madhubani, Bihar is
involved and detained in case crime no. 213 of 2009 under
Sections 420, 467, 468, 471, 406, 504, 506, 177, 411 IPC & U.P.
Gangster Act, from P.S. Sadullah Nagar, District Balrampur and
he has applied for bail.

The submission of learned counsel for the applicant is that Amar
Mehta @ Paramjeet Singh @ Rinku Singh whose real name is
Paramjeet Singh, S/o Jahara Singh, R/o S-13, Har Govind Enclave,
Rajpur Khurd, Chatarpur, P.S. Mehrauli, New Delhi wrongly
mentioned as S/o Tilakraj, R/o Ms. Jai Durga Associates, Office
No. 3, Classic Computer, Plot No. 17, Sector No. 16, New Panvel,
New Bombay No. 410206 is said to be the main accused. It is
alleged that he used to cheat the persons desirous to go to abroad
by extracting heavy amount from them. The accused is said to an
associates of Amar Mehta @ Paramjeet Singh @ Rinku Singh. Co-
accused Paramjeet Singh has already been ordered to be released on bail vide
detailed and reasoned order dated 19.3.2010 passed by another bench of this
Court in Cr. Misc. Case No. 683 (B) of 2010. The accused is not named in the
First Information Report. He, therefore, also deserves to be released on bail.

Learned A.G.A. opposed the bail application.

Considered the submissions of learned counsel for the applicant
and learned A.G.A. for the State. Keeping in the view the totality
of the facts and circumstances of the case as well as the fact that
the main accused Paramjeet Singh has already been ordered to be
released on bail, therefore, without any adverse comments on the
merit of the case, the accused applicant may also be released on
bail.

Let the applicant Vikas Walia @ Sajan Sharma be released on bail
on his furnishing a personal bond of two reasonable heavy local
sureties each in the like amount to the satisfaction of the court
concerned.

Provided that the accused applicant shall appear before the trial
court on 15th day of every month, after his release from jail and
get his attendance recorded; if it is a holiday or the courts are
closed for some reason, he shall make himself available on the
very next working day and get his attendance recorded before the
court. This restriction is being imposed as the address given by the
accused applicant is of Madhubani (Bihar) and he may not evade
the trial proceedings. It is also directed that Chief Judicial
Magistrate shall properly verify the credentials of the sureties
before releasing the applicant on bail. The restriction is imposed
till the conclusion of the trial. The court concerned shall also
impound the passport, if any, before releasing the applicant on
bail.

Order Date :- 29.6.2010
Santosh/-