Allowed

Vipin Kumar @ Pappi v. State of U.P.

Allahabad HC11 Sept 2019BAIL/4409/2019

Case brief

AI extract

What is this about?

The court allowed bail to the applicant under Sections 147, 148, 149, 307, 504, and 506 IPC. Relying on Article 21, court referred Dataram Singh case and directed release on personal and surety bonds subject to strict conditions against tampering with evidence.

What did the court decide?

Released on personal bond and two sureties subject to conditions preventing tampering with evidence or intimidation of witnesses.

Vipin Kumar @ Pappi Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4409 of 2019

¶3

Applicant :- Vipin Kumar @ Pappi Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar,Amit Saxena Counsel for Opposite Party :- G.A.,Chandra Kumar Singh

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Chandra Kumar Singh, learned counsel for the informant.

¶6

Learned counsel for the applicant submitted that PW I, II and III, who are the informant, injured and witness of fact respectively have turned hostile before the Trial Court. The applicant is in jail since 23.11.2018 and has no criminal history to his credit.

¶7

On the other hand learned AGA has opposed the prayer for bail.

¶8

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Vipin Kumar @ Pappi involved in Case Crime No.580 of 2018, under Sections 147, 148, 149, 307, 504, 506 IPC, Police Station Kakod, DistrictBulandshahr 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶13

The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

¶14

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.

¶15

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

¶16

Order Date :- 11.9.2019 SS

Vipin Kumar @ Pappi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vipin Kumar @ Pappi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mungeri Lal @ Mauhar Singh Vs State of U.P.

Shaukin Vs State of U.P.

Chand Vs State of U.P.

Chameli Vs State of U.P.

Sandeep Vs State of U.P.

Smt. Chameli Devi Vs State of U.P.