Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41824 of 2021 Applicant :- Vinod Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.,Rakesh Kumar Yadav
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Vinod Kumar and Subhash Chandra seeking enlargement on bail during trial in connection with Case Crime No. 182 of 2021, under Sections 147, 148, 149, 307, 452, 323, 504 I.P.C., P.S.- Kurra, District-
Mainpuri.
Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Applicants have not committed the alleged offences. Specific role has not been assigned to the applicants. There are only general allegations. Further submitted that there is cross version of the present one. Nothing incriminating has been recovered from the possession of the applicants. He further submitted that co-accused Ankit has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 41593 of 2021, vide order dated 10.12.2021 and claimed parity as the case of the applicant stands at par with the case of co- accused Ankit. He next submitted that the applicant is languishing in jail since 05.08.2021.
Per contra, learned counsel for opposite party no. 2 and learned A.G.A. opposed the prayer for bail and submitted that role of firing has been attributed to the co-accused Sanjiv Kumar.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Perusal of record reveals that role of firing has been attributed to the co-accused Sanjiv Kumar and specific role has not been assigned to the applicants Vinod Kumar and Subhash Chandra and the case of applicant is distinguishable from the case of co- accused Sanjiv Kumar and similarly placed co-accused Ankit has been granted bail.
Accordingly, the bail application is allowed.
Let the applicants Vinod Kumar and Subhash Chandra involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.