Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9393 of 2018 Applicant :- Vipul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.,Jitendra Pal Singh Chauhan
Hon'ble Aniruddha Singh,J.
The case is fixed today for hearing as peremptorily. Sri Jitendra Pal Singh Chauhan, learned counsel for the complainant is not present even in the revised call/list.
Heard learned counsel for the applicant, Sri D.N. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
Learned A.G.A. as well as learned counsel for the applicant submitted that bail application of co-accused is not pending.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Shiv Kumar @ Balai and Vipul Kumar alleging that on 16.10.2017 they came on motorcycle at the house of Yogendra Singh, brother of the complainant, and called him and went together and killed him at village Beyili by shot fire. He died after receiving two gun shot injuries. During investigation, country mad pistol and cartridges used in the crime were also recovered at the pointing out of Shiv Kumar @ Balai. He confessed the offence and he stated that he killed the deceased by shot fire. The applicant is servant of Shiv Kumar @ Balai and main enmity was also against co-accused Shiv Kumar @ Balai.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case and is languishing in jail since 17.10.2017 (one year and ten months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this cased decided in near future. The main role of shot fire has been assigned to co-accused Shiv Kumar. Motive is also against Shiv Kumar. The applicant has been falsely implicated because he was the servant of Shiv Kumar. He is a poor person. There is no independent witness against the applicant. The case of the applicant is distinguishable from the case of co-accused Shiv Kumar @ Balai. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vipul Kumar involved in Case Crime No. 347 of 2017, under Section 302/34 IPC, Police Station-Devgaon, District- Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 OP