Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27500 of 2018 Applicant :- Vipin Yadav @ Vikky Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.,M S Khan
Hon'ble Rajul Bhargava,J.
Heard Sri Sugendra Kumar Yadav & Sri Anand Prakash Srivastava, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.97 of 2018, under Sections 376-D, 506 IPC and 66 of Information Technology Act, Police Station Rampur Karkhana, District Deoria, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is neither named in the first information report nor in the statement under Section 164 Cr.P.C. The name of applicant surfaced in the confessional statement of the co-accused which is inadmissible in evidence. It is submitted that co-accused Sandeep Yadav and Bharat Yadav have been enlarged on bail. Learned counsel for the informant states that the applicant has criminal history of one case to which the learned counsel for the applicant has submitted that the said case is of a petty nature under Section 380 IPC in which the applicant has been enlarged on bail. Lastly, it is submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.4.2018 having no criminal antecedents.
Per contra, learned counsel for the informant vehemently opposed the bail and submitted that the applicant has criminal history of one more case under Section 376 IPC to which the learned counsel for the applicant submitted that his name was introduced subsequent to the involvement of the applicant in the present case.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Vipin Yadav @ Vikky Yadav, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.9.2018 Hasnain