Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7221 of 2021 Applicant :- Vimal Kumar @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Reeta Kumari Counsel for Opposite Party :- G.A.,Rajendra Kumar Srivastava,Vishnu Kumar
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, Mr. Rajendra Kumar Srivastava, learned counsel for the informant and learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Vimal Kumar @ Tinku with a prayer to release him on bail in Case Crime No. 05 of 2020, under Sections 302 and 120-B IPC, police station Matsaina, district Firozabad during the pendency of trial.
It is argued by learned counsel for the applicant that on 6.1.2020 informant lodged an F.I.R. against co-accused, Nem Singh Yadav and Anil Yadav regarding the murder of deceased (brother of the informant). It is also argued that the informant is not an eye-witness of the incident. The applicant is not named in the F.I.R. and he has falsely been implicated in the present case on the basis of confessional statement of co-accused Raj Kishore @ Raju. It is again submitted that the named accused, Anil Yadav @ Anna @ Aruju has been granted bail by Coordinate Bench of this Court vide order dated 6.10.2020 passed in Criminal Misc. Bail Application No. 21011 of 2020 and co- accused Raj Kishore @ Raju has also been enlarged on bail by another Bench of this Court on 5.1.2020 in Criminal Misc. Bail Application No. 42239 of 2020. It is contended that in order to falsely implicate the applicant, a false recovery of country made pistol has been shown by the police after a week of the incident. The applicant has a criminal history of two case to his credit, which has been explained in paragraph No. 2 of the supplementary affidavit dated 20.7.2021. The applicant is languishing in jail since 12.1.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant, but do not dispute that there is no eye- witness of the incident and complicity of the applicant came into light in the confessional statement of co-accused, Raj Kishore @ Raju, who has been granted bail.
I have considered the submissions of the parties and the fact that there is no eye-witness of the incident and except the confessional statement there is no direct evidence against the applicant and aforesaid co-accused have already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Vimal Kumar @ Tinku be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.8.2021 Sumaira