Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14609 of 2021 Applicant :- Vipin Kumar @ Babloo Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Vishwakarma,Om Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Accused-applicant, involved in Case Crime No.220 of 2018, under Sections 363, 366, 379, 411 I.P.C. and Section 7/8 P.O.C.S.O. Act, P.S.- Lalauli, District- Fatehpur, has applied for bail.
Submission of learned counsel for the applicant is that the P.W.- 1 Sri Rajendra Prasad Srivastava, informant of the case, has been declared hostile and the P.W.-2, prosecutrix Jyoti Srivastava, has also turned hostile. Further submission is that the whole prosecution story is false and fake; that the applicant has not abducted the victim; that the applicant is quite innocent and he has nothing to do with the present case; that there is no evidence against the applicant; there is no criminal history of the applicant. Further submitted that in such type of cases, fate of the case depends upon the evidence of the prosecutrix and she has turned hostile. He further submits that there are no chances of applicant's fleeing from the judicial process or tampering with the prosecution evidence. In case the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 21.8.2020.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the factual submissions made by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and considering the rival submissions of the learned counsel for the parties, particularly the fact that the victim Jyoti Srivastava has turned hostile, without commenting any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant Vipin Kumar @ Babloo Vishwakarma involved in Case Crime No. 220 of 2018, under Sections 363, 366, 379, 411 I.P.C. and Section 7/8 P.O.C.S.O. Act, P.S.-
Lalauli, District- Fatehpur, released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 CS