Allowed

Vipin Kumar v. State of U.P.

Allahabad HC9 Sept 2020BAIL/7324/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7324 of 2020, the Court granted bail to the applicant Vipin Kumar in Case Crime No. 1132 of 2018 relying on parity with co-accused granted bail earlier, imposing conditions including cooperation in trial and non-interference with witnesses.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties later, upon execution of specified conditions.

Vipin Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7324 of 2020

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Applicant :- Vipin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi,Manish Kumar,Manoj Kumar,Vidya Sagar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application has been filed on behalf of the applicant, Vipin Kumar, with a prayer to release him on bail in Case Crime No. 1132 of 2018 under Sections 420, 466, 468, 120-B I.P.C. and 132 C.G.S.T. Act, Police Station- Surajpur, District- Gautam Budh Nagar during pendency of trial.

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Learned counsel for the applicant has contended that the coaccuseds Satendra Kumar and Nitin Bansal have been granted bail by this Court on 23.04.2020 and 19.05.2020 in Criminal Misc. Bail Application Nos. 4942 of 2020 and 12729 of 2020 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 21.06.2019.

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Learned A.G.A. has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.9.2020 KS

Vipin Kumar v. State of U.P.

Case brief

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Vipin Kumar v. State of U.P.

Case brief

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