Single judge order granting bail to Vipul @ Khooni in Arms Act case. Bail granted with personal bond and two sureties subject to specific conditions regarding court restoration and verification.
Release on bail on personal bond and two sureties subject to specific conditions regarding tampering, court attendance, and future conduct.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1864 of 2020
Applicant :- Vipul @ Khooni Opposite Party :- State of U.P. Counsel for Applicant :- Atul Tej Kulshrestha,Ajay Kumar Jagdish,V.K.Gupta,Vinay Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Vipul @ Khooni with a prayer to release him on bail in Case Crime No. 383 of 2017, under Sections 25/27 of Arms Act, Police Station- Kandhla, District- Shamli, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been submitted that co-accused Shatru, has already been granted bail by another Bench of this Court vide order dated 07.09.2018 passed in Criminal Misc. Bail Application No.23691 of 2018 and therefore the present applicant being on the same footing is also entitled for bail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 17.06.2017.
Learned AGA for the State has opposed the prayer for bail.
Having considered the material on record, 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, let the applicant 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.
Order Date :- 19.10.2020 shiv
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a criminal case under Sections 25/27 of the Arms Act pending trial.
Colour shows how this judgement treated each authority
Vipul @ Khooni
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gautam Chowdhary
Parties & counsel
