Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31786 of 2018 Applicant :- Vimlesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Apul Misra,Brajesh Kumar Singh,Rohit Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Tiwari And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32378 of 2018 Applicant :- Vimlesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Apul Misra,Brajesh Kumar Singh,Rohit Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Tiwari
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned counsel for Indian Oil Corporation/first informant in Criminal Misc. Bail Application No.32378 of 2018, is taken on record.
This is third bail application, after rejection of first and second bail applications on merits vide orders dated 14.9.2016 and 23.10.2017, respectively.
Heard Sri Brajesh Kumar, learned counsel for applicant, Sri Anand Tiwari, learned counsel for Indian Oil Corporation/the first informant, learned A.G.A. for State and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated in case for theft of petroleum product and was implicated in as many as four cases at a time i.e. Case Crime No.201 of 2014, under sections 285, 379, 411 IPC, Case Crime No.202 of 2014, under section 3/4 Prevention of Damage to Public Property Act, 1984, Case Crime No.203 of 2014, under sections 15(2)/15(4) Petroleum and Mineral Pipe Line Act, 1962 and Case Crime No. 204 of 2014, under section 3/4 Explosive Substance Act; that first bail application of applicant was rejected vide order dated 14.9.2016 and the second bail application was rejected vide order dated 23.10.2017; that after rejection of second bail application, the applicant has been granted bail in Case Crime Nos.203 of 2014 and 204 of 2014 vide order dated 27.7.2018 and he is also entitled for bail in these cases; that applicant has no previous criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 29.6.2014.
Learned A.G.A. and learned counsel for Indian Oil Corporation/first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, period of custody of more than 05 years to applicant in connected Case Crime Nos.203 of 2014 and 204 of 2014 arise from same incident as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Vimlesh Kumar be released on bail in Case Crime No.201 of 2014, S.T. No.469 of 2015, under sections 285, 379, 411 IPC and Case Crime No.202 of 2014, S.T. No.470 of 2015 under section 3/4 Prevention of Damage to Public Property Act, 1984 P.S.Maharajpur, District Kanpur Nagar on furnishing a personal bond and two heavy sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 :- 27.9.2019 Tamang