Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53615 of 2021 Applicant :- Vipin Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Vipin Kumar with a prayer to release him on bail in Case Crime No.556 of 2019 (S.T.No.829 of 2021), under Sections 498-A, 323, 504, 306 I.P.C., P.S. Ghatampur, District Kanpur City during pendency of the trial.
It is argued by the learned counsel for the applicant that the husband/applicant has been falsely implicated in the present case. First Information Report has been lodged by the brother of the deceased against the applicant after six months and in-laws of the applicant were present in the last rites ceremony of the victim. Marriage of the deceased was solemnized long back about 15 years and she was the mother of two children aged about eight years and six years. Applicant's handed over the jewellery which were given by the informant's family at the time of marriage and Stree Dhan of deceased are in possession of informant, it is clear from panchayat which took pace on 02.01.2019. Deceased's mother and applicant's mother are cousin. From the report of investigating officer, which is annexed as Annexure 6 to the bail application, it is clear that deceased has consumed insecticide because of her husband- applicant, who is a drunkard, on that account, he was fed-up with the applicant and consumed poisonous substance. There is no motive to kill the deceased. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 25.07.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vipin Kumar be released on bail in Case Crime No.Case Crime No.556 of 2019 (S.T.No.829 of 2021), under Sections 498A, 323, 504, 306 I.P.C., P.S. Ghatampur, District Kanpur City on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
Order Date :- 20.12.2021/SKD