Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25275 of 2021 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vipin has prayed to release him on bail in Case Crime No. 220 of 2019, u/s 498-A, 304-B I.P.C. & 3/4 of D.P. Act, P.S. Narkhi, District Firozabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 24.9.2019. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Informant as PW-1 and all other witnesses of fact, in their testimony recorded before trial Court, have not supported case of prosecution. It was a death with no antemortem injury over the person of decease in autopsy examination report. Viscera was preserved and in forensic science laboratory report, it was found to be organophosphorus insecticide present in it. It was a case of suicide by deceased herself. Demand of dowry or cruelty with regard to ti by applicant is not there in all statements recorded. Hence, bail has been prayed for.
Learned AGA has vehemently opposed but could not oppose this fact that informant and other witnesses of fact, examined before trial Court, have not supported case of prosecution. Statements are with paper book from page Nos. 40 to 79.
Having heard learned counsel for both sides and gone thorough the material placed on record as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
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 :- 30.7.2021 Kamarjahan