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Vipin Kumar Alias Dinesh Kumar vs State Of U.P. on 18 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36946 of 2019

Applicant :- Vipin Kumar Alias Dinesh Kumar

Opposite Party :- State Of U.P.

Counsel for Applicant :- Shailesh Singh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

The applicant claims that he was on bail by co-ordinate Bench of this Court on 13.07.2017 in Criminal Miscellaneous Bail Application No.7972 of 2013 (Annexure No.2), but during the course of proceedings of the trial, he went away NOIDA for earning his livelihood and due to non- communication about the date fixed in trial proceedings, he could not appear before the court concerned as a result of which, Non-Bailable Warrant has been issued against the applicant. The learned counsel for the applicant submits that the applicant has not deliberately and intentionally avoided the proceeding before the trial court. Learned counsel for the applicant also submits that the applicant is ready to furnish an undertaking that, in case, he is released on bail, he will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.

The learned A.G.A. has vehemently opposed the prayer for bail.

In view of the submissions and the undertaking to be given by the applicant that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings, this bail application is allowed.

Let the applicant- Vipin Kumar Alias Dinesh Kumar- involved in Case Crime No.458 of 2011, S.T. No.384 of 2013 (SectionState vs. Vipin Kumar and others), under Sections 498A, Section304B IPC and under Section 3/4 D.P. Act, Police Station Rura, district Kanpur Dehat, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned along with an undertaking that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings. In case of default on the part of the applicant in complying the conditions of such undertaking, the trial court shall be at liberty to proceed in accordance with law.

Order Date :- 18.9.2019

Raj

 

 

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