Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14993 of 2021 Applicant :- Vipin @ Hawaldar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Gupta, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant Vipin @ Hawaldar seeking his enlargement on bail in Case Crime No.
122 of 2020, under sections 379, 411 IPC, P.S. Shahganj , District Agra during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 05.03.2020, a delayed F.I.R. dated 07.03.2020 was lodged by first informant Ashish Sachdeva and was registered as Case Crime No. 122 of 2020, under sections 379, 411 IPC, P.S. Shahganj , District Agra. In the aforesaid F.I.R. one unknown person has been nominated as solitary accused.
According to prosecution story as unfolded in the FIR, it is alleged that on the fateful date a theft was committed in which two unknown persons took away the motorcycle of informant.
Subsequent to aforesaid FIR, police proceeded with statutory investigation of aforesaid case crime number in view of Chapter XII Cr.P.C. During course of investigation, two persons namely Abhishek and Vipin @ Hawaldar were arrested. Co-accused Abhishek has already been enlarged on bail by court below vide order dated 04.09.2020. Copy of bail order is on record at page- 18 of the paper book.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned Case Crime Number. Applicant is not named in the F.I.R. Applicant is in jail since 09.03.2020 as such he has already been incarceration for more than one year. Applicant has criminal history which has been explained by means of supplementary affidavit. It is lastly contended that co- accused Abhishek, who is also named accused, has already been enlarged on bail by court below. On the aforesaid premise, it is urged that case of present applicant is similar and identical to that of co-accused Bhoora. As such, applicant is liable to be enlarged on bail on the ground of parity. In case applicant is enlarged on bail, he shall not misuse the liberty of bail.
There is no possibility of applicant fleeing away from the judicial process or tampering with the witnesses. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, claim of parity, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant, Vipin @ Hawaldar, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021 Ashish Pd.