Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23774 of 2018 Applicant :- Vipin Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
In compliance of the order dated 27.6.2018 typed copy of the F.I.R. filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 01.01.2018 and one month and two days of the incident against three accused persons, namely Sudhir, Vipin and Jamila alleging that on 29.11.2017 Sudhir kidnapped the daughter of the complainant and raped her and assaulted by iron rod. She received seven injuries. Due to spetic the prosecutrix died and it was found that Sudhir, Vipin and Jamila were also indulged in the business of trafficking of women.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 12.01.2018 (about eleven months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; according to F.I.R, main role was assigned to Sudhir; nothing has been done by the applicant; FIR was lodged after more than one month after thought and with due legal consultation; no offence under Section 304 I.P.C. is made out against the applicant and even not a single allegation is made against the applicant about the death of the deceased; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vipin Sharma involved in Case Crime No.
0016 of 2018, under Section 323, 342, 326, 366, 304 IPC, Police Station-Subhash Nagar, District-Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2018 OP