Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43331 of 2021 Applicant :- Vivek Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No charge-sheet was submitted against the applicant. He was summoned in this matter on the basis of order passed on the application u/s 319 Cr.P.C. Referring to the documents annexed with the bail application, it is further argued that no prima facie case is made out against the applicant. Summoning order passed in the matter is illegal. Medical evidence does not support the oral version. There is no specific allegation against the applicant. He is languishing in jail since 30.8.2021 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the 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 Vivek Kumar involved in Case Crime No.224 of 2011 under Sections 307/34, 452/34, 323/34, 504, 506 IPC, Police Station Rasoolabad, District - Kanpur Dehat be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 ss