Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36032 of 2021 Applicant :- Vipin Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Second supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
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. 246 of 2020, under Sections 395, 342, 412, 420 and 120B I.P.C., P.S Pilua, district-Etah and is in jail since 20.11.2020, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submits that other co-accused Prabhakar Mishra, who was arrested at the spot, has already been enlarged on bail by another Bench of this Court vide order dated 23.2.2021 passed in Criminal Misc. Bail Application no. 7774 of 2021, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application. He further submits that since the role of the applicant is identical to that of co- accused Prabhakar Mishra who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of ten cases. However, the aforesaid factual aspect of the matter has not been disputed by him.
In reply, learned counsel for the applicant has submitted that he has properly explained the criminal history in paragraph 2 to the supplementary affidavit.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Vipin Yadav be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with 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.
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 :- 27.10.2021 Faridul