Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56670 of 2019 Applicant :- Vijaypal Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri ,Manoj Kumar Tripathi, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. There is no independent witness of the present offence. Nothing has been recovered from the possession of the applicant or on his pointing out. There is also inordinate delay in lodging the FIR without any plausible explanation. It is next contended that applicant is a labour and has no concerned with the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 25.10.2019 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Vijaypal, be released on bail in Case Crime No. 0273 of 2019, under Sections- 9,39,40,49-B,51 52,58 of Wildlife Protection Act, 1972, Police Station- Sherkot, District- Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019 ssm