Held that the applicant Vipin Verma is released on bail on furnishing a personal bond and two sureties, subject to conditions regarding tampering with witnesses, cooperation in trial, and avoiding criminal activity, citing Dataram Singh.
Release on bail upon furnishing a personal bond and two sureties with specific conditional restrictions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31714 of 2018
Applicant :- Vipin Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vipin Verma with a prayer to release him on bail in Case Crime No. 496 of 2017, under Section 392 IPC, Police Station Talgram, District- Kannaj, during pendency of trial.
The allegation against the applicant is that he is not named in the first information report. The applicant has criminal history of 9 cases, which has been explained in paragraph No. 10 of the affidavit in support of the bail applicant, out of which he has been implicated in two cases simultaneously alongwith the present case. The applicant is languishing in jail since 04.6.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Vipin Verma involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Ruchi Agrahari
1 issue framed by the court
Whether the applicant Vipin Verma should be released on bail in Case Crime No. 496 of 2017.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
(Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22) · Who else cites this
Vipin Verma
Siddharth
As recorded by the court registry
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