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Vipin Kumar vs State Of U.P. on 31 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 30189 of 2019

Applicant :- Vipin Kumar

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sanjeev Kumar Khare

Counsel for Opposite Party :- G.A.

Hon’ble Mrs. Manju Rani Chauhan,J.

Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Vipin Kumar with a prayer to release him on bail in Case Crime No. 97 of 2018, under Sections 354 I.P.C., Police Station- Mungra Badshahpur, District- Janupur, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case due to ulterior motive. It is next argued that it is a cross case in which for the incident dated 08.06.2019 FIR have been lodged by both the sides as per the allegations made in the F.I.R., on 20.03.2019, when the victim was sleeping in her house, at that time, the applicant entered in the house and took away the wife of the informant. When the informant followed him, he left his wife and ran away. It has been argued by the learned counsel for the applicant that there is no allegation in the F.I.R. regarding outraging of modesty of the lady. The informant has also filed an affidavit stating that under some confusion the applicant has falsely been implicated in the present case. He has further argued that the present case has been lodged with false and frivolous allegations due to dispute of the villagers regarding watering of fields. The applicant is languishing in jail since 17.6.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 31.7.2019

Priya

 

 

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