Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26806 of 2021 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Rajneesh Tripathi,Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- Satyendra Narayan Singh,Pankaj Kumar Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No.63 of 2021, under Sections 147, 148, 149, 302 and 120-B I.P.C., P.S. Bharthana, District-Etawah, is seeking enlargement on bail during the trial.
As per the F.I.R. version and statement of the informant, co- accused Mukesh Yadav, Kamlesh, Naresh and Naveen Jain had fired upon the deceased whereas the deceased sustained one firearm injury.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case.
He further submitted that seven persons were nominated in this case. The complainant is alleged to have seen the incident and he has not specifically named the present applicant that he had fired on the father of the complainant (deceased). The deceased received only one gunshot injury and sole person was allegedly seen running away from the place of occrrence.
It is next submitted that co-accused Naveen Jain, who allegedly seen at the time of incident, has already been granted bail by another Bench of this Court vide order dated 01.07.2021 passed in Criminal Misc. Bail Application No.19677 of 2021. Present applicant was nominated in this case during investigation.
It was found that accused has confessed in the confessional statement that he had fired on the deceased. Confessional statement made to the police is not admissible in evidence.
He lastly submitted that the applicant, who is in jail since 06.03.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Sri S.N.Singh, learned counsel for the complainant and learned A.G.A. vehementaly opposed the prayer for bail of the applicant.
Considering the fact that present applicant was seen only having a countrymade weapon in his hand by the witness Poonam Devi in her statement recorded under Section 161 Cr.P.C. later on and keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Vipin be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.19 13:11:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad