Court No. - 50
Case :- CRIMINAL MISC. SECOND BAIL APPLICATION No. - 7812 of 2017 Applicant :- Vimlesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Anand Tiwari And Case :- CRIMINAL MISC. SECOND BAIL APPLICATION No. - 7817 of 2017 Applicant :- Vimlesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Anand Tiwari
Hon'ble Harsh Kumar,J.
Counter affidavit filed today by learned counsel appearing for the Indian Oil Corporation in Criminal Misc. Bail Application Nos.7812 of 2017 and 7817 of 2017 be taken on record. Learned counsel for Indian Oil Corporation has also filed counter affidavit, today in Criminal Misc. Bail Application No.7817 of 2012, which is taken on record.
The two bail applications are related to one and the same criminal incident dated 28.1.2014 were heard together and one being disposed of by one and common order.
Criminal Misc. Bail Application No.7812 of 2017 is the second bail application after rejection of Criminal Misc. First Bail Application No.10028 of 2015, on merits, vide order dated 14.9.2016; Criminal Misc. Bail Application No.7817 of 2017 is also the second bail application after rejection of Criminal Misc. First Bail Application No.10031 of 2015 for non- prosecution, vide order dated 9.8.2016.
Heard learned counsel for the applicant, learned counsel for Indian Oil Corporation, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant is alleged to have been arrested in the night of 27/28.6.2014 at the time of making theft of petroleum products alongwith his associates and was implicated in as many as following four cases;
i. Case crime no. 201 of 2014 Under Sections 285, 379 & 411 IPC,
ii. Case crime no. 202 of 2014 under Sections 3/4 Damage to Public Property (Prevention) Act,
iii. Case crime no. 203 of 2014 under Section 15 (2)/15(4) of The Petroleum & Mineral Pipeline Act, 1962 and
iv. Case crime no. 204 of 2014 under Section 3 /4 Explosive Substances Act.
that after rejection of first bail application of applicant being miscellaneous Bail Application no. 10033 of 2015 vide order dated 14.09.2016 in case crime no. 203 of 2014 the other four accused persons, namely, Nand Kishore Tiwari @ Guddu, Mohd. Sagir, Mazid and Saleem, who were also apprehended on the spot alongwith applicant have been granted bail by another co-ordinate benches of this Court vide orders dated 15.5.2017, 28.7.2016, 3.1.2018, 10.4.2018 produced as Annexure-S.A.-1, S.A.-2, S.A.-3 and S.A.-4 respectively; that the applicant is in custody since 29.06.2014 and despite lapse of more than four years, the trial has not commenced as yet while all the witnesses are official witnesses being employees of Indian Oil Corporation or police officials; that in the circumstances, there is no likelihood of disposal of trial in near future; that the applicant did not cause any damage to the pipe- line with intend to commit sabotage and merely theft of petroleum products is left to have been committed by him; that the applicant was not at all involved in the offences in question; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant has no criminal history and he is not a previous convict.
Learned AGA for the State and Sri Anand Tiwari, learned counsel for the Indian Oil Corporation has vehemently opposed the prayer of bail and contended that the applicant has committed heinous offence of theft of petroleum products by making perforation in Barauni Kanpur Pipe Line in the Indian Oil Corporation in an organised and pre-planned manner; that in connected crime numbers, the bail application of applicant has been rejected.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, period of custody and grant of bail to co-accused 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 to release the applicant on bail.
Let the applicant Vimlesh Kumar be released on bail in Case Crime No.203 of 2014 under Sections 15(2)/15(4) of the Petroleum and Mineral Pipe Line Act, 1962 and Case Crime No.204 of 2014 under Section 3/4 of Explosive Substance Act, P.S. Maharajpur, District Kanpur Nagar, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, in each of the two cases, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 27.7.2018 Deepika