Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17329 of 2018 Applicant :- Vipin Alias Meetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailesh Kumar Srivastava,Shams Uz Zaman,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vipin Alias Meetu in Case Crime No. 192 of 2017, under Sections 394, 302 I.P.C., Police Station- Ramala, District- Baghpat with the prayer to enlarge him on bail.
According to prosecution case, the F.I.R. was lodged against two named accused persons, namely Vikas Tomar and brother of Pradhan and three unknown persons alleging that on 29.7.2017 Arvind and Vikas Tomar were riding on a motorcycle bearing no. DL4SCK9154; in the forest three unknown persons riding on a motorcycle attempted to loot the golden chain and ring of Arvind and shot fire at Arvind and Vikas Tomar saved himself, resultantly Arvind died. Subsequently, two accused persons namely, Janu @ Jan Mohammad and Mitu @ Vipin were seen by the police with looted motorcycle but they fled away, after throwing the said motorcycle.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that subsequently accused Vikas Tomar who was an accused in the F.I.R. was made a witness and his statement under Section 161 Cr.P.C. was recorded. Accused Vikas Tomar in his statement identified accused Janu @ Jan Mohammad on being shown his photographs that he had fired at the deceased. During investigation, name of the applicant cropped up on the basis of an information by an informer and confession made by co-accused Mitu @ Vipin that he along with Sadik and other co- accused is involved in crime. Nothing incriminating has been recovered from his possession or at his pointing out. Lastly, it is submitted that co- accused Sadik has been enlarged on bail by a coordinate Bench of this Court vide an order dated 02.05.2018 in Criminal Misc. Bail Application No. 16321 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 13.10.2017, deserves to be enlarged on bail.
Learned A.G.A. opposed the prayer for grant of bail to the applicant but could not refute the aforesaid submissions made by learned counsel for the applicant. However, he stated that role of firing has been attributed to co- accused Janu @ Jan Mohammad. He further pointed out that the applicant has a criminal history of six cases to which learned counsel for the applicant states that the present case has been shown on two places in the Annexure-CA-1 and in other remaining cases he has been granted bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Vipin Alias Meetu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018 Vikas