Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16731 of 2021 Applicant :- Vipin Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Vipin Kumar, in Case Crime No. 727 of 2020, under Section 2/3 U.P. Gangster Act and Anti Social Activities (Prevention) Act, Police Station - Kotwali Nagar, District - Ghaziabad.
Heard learned counsel for the applicant and the learned A.G.A. appearing on behalf of the State through video conferencing.
The contention of the learned counsel for the applicant is that he has been implicated in the present crime on account of his involvement in substantive cases, being Case Crime No. 528 of 2020 under Section 414 I.P.C., Police Station - Kotwali Nagar, District - Ghaziabad, Case Crime No. 1150 of 2019 under Sections 379, 411 I.P.C., Police Station - Sihani Gate, District - Ghaziabad, Case Crime No. 1402 of 2019 under Sections 379, 411 I.P.C., Police Station - Sihani Gate, District - Ghaziabad and Case Crime No. 1301 of 2020 under Sections 379, 411, 34 I.P.C., Police Station - Indrapuram, District - Ghaziabad without any consideration of any evidence by the Police authorities to the effect that may show that the applicant is a member of a criminal gang or its leader. It is emphatically argued that, in fact, there is no evidence to show that the applicant is a member of a criminal gang or its leader. It is asserted in paragraph no. 7 of the affidavit that the applicant has been granted bail in all the substantive offences. The bail orders have been annexed as Annexure Nos. 3, 4, 5 and 6 to the affidavit filed in support of the bail application. It is further submitted that similarly circumstanced co-accused Pankaj has been granted bail in the present crime by this Court, vide order dated 11.01.2021 passed in Criminal Misc. Bail Application No. 1074 of 2021, entitling the applicant to the benefit of parity. It is also argued that the applicant is in jail since 03.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has been enlarged on bail in all the substantive offences, the fact that prima facie there is no evidence to show that the applicant is a member of a criminal gang or its leader, and the fact that the applicant is entitled to the benefit of party, as similarly circumstanced co-accused has been grated bail in the present crime by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Vipin Kumar in Case Crime No. 727 of 2020, under Section 2/3 U.P. Gangster Act and Anti Social Activities (Prevention) Act, Police Station - Kotwali Nagar, District - Ghaziabad be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 I. Batabyal