Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31976 of 2018 Applicant :- Vipin Malik Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant, learned AGA for the State and Sri Anubhav Kumar Vimal, learned counsel appearing for the informant.
A supplementary affidavit has been filed by the applicant wherein it has been stated in para 2 of the affidavit that compromise has taken place between the parties in this case and in application under Section 482 Cr.P.C No.28593 of 2018 for quashing of criminal proceedings, a joint affidavit has been filed by co-accused, Amit and informant before this Court in Criminal Misc. Application aforesaid. In the affidavit it has been stated that the parties have entered into compromise and want case to be quashed in terms of compromise. Learned counsel for the applicant has argued that in view of the compromise applicant may be enlarged on bail. The applicant has criminal history of two cases stated in para 16 of the affidavit filed in the support of the bail application. The applicant is in jail since 12.06.2018.
Learned counsel for the informant had not disputed the above facts stated by the learned counsel for the applicant.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, 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 Malik involved in Case Crime No.591 of 2018, under Sections 420, 406, 506 IPC, Police Station Baraut, District- Baghpat be released on bail 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 23.8.2018 SS