Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25877 of 2021 Applicant :- Vipul Rathaur @ Vikram Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is not named in FIR and that name of applicant has surfaced after about three months of incident in the statements of witnesses Ramjeet and Sarvesh but they are not eye-witnesses of alleged incident and in fact none has seen the incident. After incident deceased remained under treatment for about three weeks but during treatment, his statement was not recorded. No specific role has been assigned to applicant and that applicant was falsely implicated merely on the basis of suspicion. The criminal history of five cases was shown against applicant, which has duly been explained in supplementary affidavit. It has been further submitted that similarly placed co- accused Vijay Pratap Singh, Somvansh, Sangam Singh Rathore, Bhola @ Vinay, Rahul Mishra and Manu @ Nati have already been enlarged on bail by different Benches of this Court, vide orders dated 09.06.2021, 23.07.2021, 06.08.2021, 10.08.2021 and 09.09.2021, passed in Criminal Misc. Bail Application Nos.-19898 of 2021, 19583 of 2021, 24325 of 2021, 27187 of 2021 and 32804 of 2021 respectively. It has been submitted that the applicant is languishing in jail since 13.02.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Vijay Pratap Singh. Somvansh, Sangam Singh Rathore, Bhola @ Vinay, Rahul Mishra and Manu @ Nati have granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Vipul Rathaur @ Vikram involved in Case Crime No.752 of 2020, under Sections 147, 148, 149, 427, 307, 302, 34, 120-B IPC, P.S.Kotwali, District Mainpuri, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 Neeraj