Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16393 of 2021 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 496/2020, under Sections 147, 148, 149, 307, 302, 504, 34 IPC, police station Narakhi, District Firozabad with the prayer to enlarge the applicant on bail.
According to prosecution version on 19.11.2020 at around 9.00 AM, a quarrel has taken place between the parties over the issue of cow dung and that applicant and seven co-accused persons armed with various weapons started abusing and after that at the exhortation of co-accused Vinay, co-accused Santosh has fired a bullet at the deceased and the said bullet hit the deceased at his chest and consequently he died of firearm injuries.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that FIR was lodged against eight persons including the applicant, but the role of firing at deceased has been attributed to co-accused Santosh. It was pointed out that as per postmortem report, deceased has sustained only one firearm entry wound and that no firearm injury has been caused by applicant. It was submitted that except co-accused persons, namely, Santosh and Vinay, only general allegations have been made against six accused persons including the applicant. It was also submitted that no specific role has been assigned to the applicant and that the applicant is in judicial custody since 19.11.2020, having no previous criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. However it could not be disputed that role of firing has been assigned to co-accused Santosh.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Vipin involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Anand