Court Finds No Direct Evidence Against Applicant; Sets Conditions for Bail Compliance
In a significant judicial decision, the Allahabad High Court, Lucknow Bench, has granted interim anticipatory bail to Vikas Pandey in relation to Case Crime No. 0031 of 2026. The judgment, delivered by Justice Shree Prakash Singh, comes after careful consideration of the circumstances surrounding the allegations against the applicant, a bank employee and cashier.
The case involves charges under various sections of the Bharatiya Nyaya Sanhita (B.N.S) at Police Station Kotwali Tanda, District Ambedkar Nagar. The applicant, Vikas Pandey, was not initially named in the FIR or in the statements of the main accused, Umair Ahmad. However, his name surfaced during a subsequent statement, raising concerns about his involvement.
Despite the gravity of the accusations, the court noted the absence of direct evidence linking Pandey to the alleged misappropriation of funds. The defense argued that the applicant, a law-abiding citizen with no previous criminal history, was apprehensive about an impending arrest. The court was persuaded by the argument that Pandey had expressed his willingness to cooperate fully with the investigation.
The court's order emphasized several conditions to ensure compliance and prevent any potential tampering with evidence. Pandey is required to furnish a personal bond and provide two solvent sureties. He must also be available for police interrogation, refrain from influencing witnesses or tampering with evidence, and not leave the country without the court's permission. Any violation of these conditions could result in the cancellation of bail.
The State's opposition, citing sufficient proof of the applicant's involvement, was noted, but the court found the applicant's circumstances merited interim protection. The interim anticipatory bail is to remain in effect until the next court listing, ensuring Pandey's liberty while the investigation continues.
This decision underscores the judiciary's role in balancing the rights of individuals against the necessity of law enforcement, highlighting the importance of due process even in cases with serious allegations.
Bottom line:-
Grant of interim anticipatory bail subject to conditions when applicant is not named in FIR initially and has apprehension of arrest.
Statutory provision(s): Sections 319(2), 318(4), 316(5), 338, 336(3), 340(2), 61(2) B.N.S
Vikas Pandey v. State Of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2936516
