Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34119 of 2021 Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Kapil Tyagi, 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 been falsely implicated in the present case. He has not committed the present offence. Applicant was not named in the F.I.R.. Name of the applicant surfaced in the matter in the statement of informant recorded under Section 161 CrPC only on the basis of suspicion. Prosecution case regarding illicit relation of the deceased with the wife of applicant is also false and is not supported with independent evidence. Recovery is false, planted and is not supported with independent evidence. No information was given by the Company regarding robbery/ dacoity of the Bolero vehicle. Thus, recovery of Bolero vehicle is also planted and after thought. It is a case of no evidence against the applicant. The applicant has no criminal history. He is languishing in jail since 17.5.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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. 223 of 2021, under Sections 302, 201 IPC, P.S. Phase-2 NOIDA, District - Gautam Budh Nagar 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.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 26.10.2021 safi