Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30770 of 2019 Applicant :- Vipin Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Afzal,Saumya Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 205 of 2019, under Sections 411, 420 I.P.C. and Section 66 Information Technology Act, 2008, P.S. Civil Lines, district-Etawah, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is not named in the first information report. There is allegation in the FIR that the applicant has changed the ATM card of the complainant and made shopping of Rs. 37000 from V-Mart. He next submitted that the applicant has not committed any offence and has been falsely implicated in the present case due to some ulterior motive. No proper identification parade was conducted to ascertain the real culprit. Further submission is that the offence is triable by court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 1.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Vipin Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 205 of 2019, under Sections 411, 420 I.P.C. and Section 66 Information Technology Act, 2008, P.S. Civil Lines, district-Etawah subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2019 Faridul