Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41144 of 2021 Applicant :- Vimal Singh Alias Vimal Jadaun Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Vimal Singh Alias Vimal Jadaun, in Case Crime No. 144 of 2020, under Section- 302 I.P.C., P.S. Badhpura, District- Etawah.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 29.7.2021; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; he had shown with three criminal antecedents, explained in Paragraph No. 26 of the affidavit filed in support of bail application, wherein, in Case Crime 39/2008, he had been acquitted by Court below, in Case Crime No. 04/2009, under Section 110-G Cr.P.C., period has lapsed and it has become infructuous and in Case Crime No. 39/2009, under Section 25 of Arms Act, applicant is on bail except these antecedents, applicant is of no other criminal antecedents; this occurrence was reported against unknown assailants; it was an occurrence of 28.10.2020, whereas report was got lodged on 1.11.2020, by Narayan Singh Bhadauriya, against unknown assailants; subsequently, after about five months statement under Section 161 of Cr.P.C. was got recorded of two witnesses for mentioning the last seen evidence but it was not a last seen evidence because deceased was not seen in company of applicant and other accused, rather, they were said to be on their way nearby the occurrence place; there is political enmity admitted in the first information report itself. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Vimal Singh Alias Vimal Jadaun, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Kamarjahan