Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6070 of 2018 Applicant :- Vipin Singh @ Mama Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vipin Singh @ Mama in Case Crime No. 158 of 2017, under Sections 272, 273, 284, 304, 328 I.P.C., Police Station- Bilariyaganj, District- Azamgarh with the prayer to enlarge him on bail.
According to prosecution case, the F.I.R. was lodged on 12.7.2017 against seven accused persons, namely, Ramjeet @ Baloch, Ramashray Nishad, Ram Milan Chaurasiya, Vipin Singh @ Mama (applicant), Pradeep Yadav, Harivansh Yadav @ Hansha Yadav and Manika Yadav alleging that they were selling liquor, after consuming liquor Satai Ram and Arvind died on 6.7.2017.
It is submitted by learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. Their death were an accidental, unintentional and without knowledge of accused. Offences levelled against the applicant are not attracted in the present case. It is next contended that other co-accused Ram Milan Chaurasiya, Ramashre Sahni (Nishad), Haribansh @ Hansa and Pradeep have been enlarged on bail by coordinate Benches of this Court vide orders dated 24.04.2018, 03.05.2018, 23.05.2018, 01.05.2018, passed in in Criminal Misc. Bail Application Nos. 15035, 16417, 44264 & 16106 of 2018, respectively. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.10.2017, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Vipin Singh @ Mama be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018/ Vikas