The High Court allowed bail to Vinay Kumar in a criminal case involving offences under Sections 323, 307, 452, and 506 of the IPC. The court imposed several conditions regarding court appearance and trial conclusion.
Released on bail subject to furnishing a personal bond and two sureties, with specific undertakings regarding court appearance and trial conduct.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21163 of 2021
Applicant :- Vinay Kumar Opposite Party :- State Of U.P Counsel for Applicant :- Rajesh Kumar
Counsel for Opposite Party :- G.A.,Mool Chandra Mishra,Rudra Kant Mishra
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, Mr. Rudra Kant Mishra, learned counsel for the opposite party, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 0050 of 2020, under Sections 323, 307, 452, 506 IPC Police Station Sikrara, District Jaunpur.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive.It is further contended that the alleged incident said to have taken place on 9.3.2020 whereas F.I.R. has been lodged on 10.3.2021 but there is no plausible explanation regarding this inordinate delay.It is further submitted that no specific role has been assigned to the applicant. It is next submitted that co-accused Rajesh and Pyare Lal have been granted bail by this Court vide orders dated 23.6.2020 and 22.9.2020 passed in Criminal Misc. Bail Application Nos. 16305 of 2020 & 23208 of 2020, therefore, applicant is also entitled to be released on bail. It is further submitted by learned counsel for the applicant that applicant has also been granted anticipatory bail vide order dated 1.2.2021 in Criminal Misc. Anticipatory Bail Application u/S 438 Cr.P.C. No. 1418 of 2021 but due to correction in aforesaid application applicant was arrested. Lastly, It has 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. It has 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. The applicant is languishing in jail since 26.3.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Vinay Kumar, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case,
(2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 4.10.2021 SY
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.10.05 13:38:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for bail considering the severity of charges and complicity.
Vinay Kumar
Shekhar Kumar Yadav
As recorded by the court registry
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