Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39604 of 2019 Applicant :- Vipin Singhal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Govil Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Syed Irfan Ali, Advocate, holding brief of Mr. Pankaj Govil, learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant-Vipin Singhal seeking his enlargement on bail in Case Crime No. 1032 of 2018, under Sections 354, 420, 504, 506, 376 IPC and Section 66A of the Information and Technology Act, Police Station-Kotwali Hathras, District-Hathras during the pendency of the trial of the above mentioned case crime number.
In respect of an incident which occurred on 25.7.2018, an F.I.R. dated 28.12.2018 came to be lodged by Smt. babita Verma the victim with Police Station Kotwali Hathras and was registered as Case Crime No. 1032 of 2018, under Sections 354, 420, 504, 506, 376 IPC and Section 66A of the Information and Technology Act, Police Station-Kotwali Hathras, District- Hathras. In the aforesaid F.I.R., the applicant has been nominated as the solitary named accused. Subsequent to the aforesaid F.I.R., the statement of the victim was recorded on 29.12.2018 under section 161 Cr. P. C. followed by her statement under section 164 Cr. P. C. on 15.1.2019. In the aforesaid statement, the victim supported the prosecution story. Police submitted a charge sheet, consequent to which trial commenced. In the trial, the victim was examined as P.W. 1 and in her statement before the Court she completely denied the prosecution story as contained in the F.I.R.
On the aforesaid factual premise, the submission urged by the learned counsel for the applicant is that the victim herself has denied the occurrence alleged in the F.I.R. As such, the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he could not dispute the submissions urged by the learned counsel for the applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Vipin Singhal be released on bail in the aforesaid Case Crime Number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 26.9.2019 HSM