Allowed

Vipin Gupta @ Bhonu v. State of U.P.

Allahabad HC10 Feb 2022BAIL/38983/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The Court set bail for the applicant in a murder case, citing lack of identification, no criminal history, and jail overcrowding due to the pandemic, imposing standard conditions.

What did the court decide?

Defendant released on bail with a personal bond and two sureties, subject to conditions against tampering with evidence and ensuring appearance.

Vipin Gupta @ Bhonu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38983 of 2021

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Applicant :- Vipin Gupta @ Bhonu Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Mahtab Alam,Raj Kiran Chaudhary,Varsha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Jai Prakash Singh, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No.183 of 2020 at Police Station-Cantt, District-Varanasi under Section 302 IPC.

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The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 07.09.2020. The applicant is in jail since 22.02.2020, pursuant to the said F.I.R.

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Shri Jai Prakash Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Even as per the prosecution case, the deceased was drinking prior to his death. The applicant was not named or identified as the assailant by any witness. There is no direct evidence against the applicant. No link in the chain of circumstances incriminates the applicant. The injuries which caused the death are

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in the nature of "crushed injuries". The aforesaid injuries can only be caused when a person is run over by a motor vehicle. Apart from the instant case the applicant does not have any criminal history. Lastly it is submitted by learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without

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making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Vipin Gupta @ Bhonu be released on bail in Case Crime No.183 of 2020 at Police Station-Cantt, District-Varanasi under Sections 302, 34, 201, 404, 411 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.11 15:22:10 IST Reason: Location: High Court of Judicature at Allahabad

Vipin Gupta @ Bhonu v. State of U.P.

Case brief

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Vipin Gupta @ Bhonu v. State of U.P.

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