Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50290 of 2021 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Jee Saxena,Raghuvansh Chandra Counsel for Opposite Party :- G.A.,Devendra Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Vipin, in Case Crime No. 288 of 2021, under Sections 302, 34, 120B IPC, Police Station-Mawana, District-Meerut.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.07.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. FIR was got lodged against unknown assailants boarding on Apache motorcycle; inquest followed by autopsy was got conducted, wherein, it was a case of murder by ante mortem injury of gunshot wound; an application was given by the informant next day of FIR, which was got lodged on 28.06.2021 that occurrence was committed by Neeraj son of Bhopal, Lalit @ Tinu son of Bhopal; this occurrence was witnessed by Rampal and Sanju; this was under conspiracy hatched by Bhopal and Smt. Shalu; name of applicant was not there; the alleged witnesses Rampal and Sanju in their statement had said nothing about the applicant; subsequently, in the course of investigation, C.D.R. was taken, wherein, repeated calling between Shalini and applicant was there; inference was drawn that applicant was under affairs with Shalini; so far commission of murder or hatching conspiracy is concerned, applicant is of no concern; extra judicial confession has been said to be made by accused persons, wherein, also commission of offence of murder is not against the applicant; hatching of conspiracy is also not against the applicant. Hence, bail has been prayed for.
Learned AGA and counsel for informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Vipin, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.12.2021 Dhirendra/