Allowed

Vipin Mavi v. State of U.P.

Allahabad HC17 Jun 2021BAIL/21076/2021

Case brief

AI extract

What is this about?

The High Court granted bail to Vipin Mavi, an accused in a murder case, on the grounds of false implication and lack of incriminating evidence. The court imposed conditions including furnishing a personal bond and sureties, with a specific provision for release without sureties during court lockdowns due to the pandemic.

What did the court decide?

The applicant is to be released on bail by furnishing a personal bond and two sureties, or on a personal bond alone if the court is under lockdown due to the pandemic.

Vipin Mavi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21076 of 2021

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Applicant :- Vipin Mavi Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.

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This bail application has been moved on behalf of accused-applicant-Vipin Mavi, who is involved in Case Crime No. 472 of 2020 under Sections 302, 201 and 34 I.P.C., Police Station-Teelamod, District-Ghaziabad.

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Learned counsel for the applicant submitted that applicant is an innocent person and has been falsely implicated in the present case. The applicant is not named in the F.I.R. His name has surfaced for the first time after eight days of the incident in the statement of co-accused,Anmol who had stated that the applicant along with other co-accused have committed murder of his nephew Rinku alias Chhanga. There is no direct evidence of involvement of the applicant in this offence. There was no motive for the applicant to commit the offence. There is only confessional statement of co-accused before the police. Nothing incriminating material has been recovered from the possession of the applicant. It is pointed out that coaccused, Anmol has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.7740 of 2021, vide order dated 12.02.2021. The applicant is in jail since 02.12.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.

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Learned A.G.A. appearing for the State has opposed the prayer for bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.

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Let the above mentioned applicant involved in 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 :-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the 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.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, 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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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 17.6.2021

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MN/-

Vipin Mavi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vipin Mavi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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