Allowed

Vipin Kumar v. State of U.P.

Allahabad HC12 Dec 2022BAIL/47611/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court considered the submissions regarding the applicant's alleged innocence and the parity of a co-accused granted anticipatory bail. The court held that the applicant is entitled to bail subject to standard conditions.

What did the court decide?

The applicant Vipin Kumar is released on bail upon executing a personal bond and furnishing two sureties with specified conditions.

Vipin Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47611 of 2022

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Applicant :- Vipin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Barkha Chaudhary,Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Pramit Kumar Pal

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Hon'ble Surendra Singh-I,J.

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Learned counsel for the applicant has supplied a copy of the order dated 05.12.2022 passed by a Division Bench of this Court in Criminal Misc. Writ Petition No. 18690 of 2022, relating to co-accused Yogendra Kumar. A copy of the order dated 01.12.2022, relating to co-accused Abhishek Nagar, passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11280 of 2022 has also been produced before the Court. Both the said orders are taken on record.

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A copy of the FIR lodged against the applicant, dated 25.04.2021, bearing FIR No. 128, under Sections 147, 148, 149, 352, 452, 323, 506 I.P.C., Police Station Parikshitgarh, District Meerut has been produced before the Court by Sri Mumtaj Ali, Advocate holding brief of Sri Pramit Kumar Pal, learned counsel for the informant. It is taken on record.

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This is an application for bail on behalf of the applicant Vipin Kumar in connection with Case Crime No. 339 of 2022, under Sections 147, 148, 149, 323, 452, 307, 354, 324, 352, 506, 120B I.P.C., Police Station Parikshitgarh, District Meerut.

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Heard learned counsel for the applicant, Sri Mumtaj Ali, Advocate holding brief of Sri Pramit Kumar Pal, learned counsel for the informant and the learned A.G.A. appearing for the State.

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The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present crime. It has also been stated that no specific role has been assigned to him. It is submitted that only a general role has been assigned to the applicant. It is further submitted that injured Sushil and Vinod has not assigned any role of assaulting them to the applicant. They have mentioned that co-accused Rohit has used a sharp edged weapon and caused injuries to them. It is also submitted that co-accused Abhishek Nagar has already been enlarged on anticipatory bail by another co-ordinate bench of this Court vide order dated 01.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11280 of 2022 entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 15.09.2022 and in case he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. and the learned counsel appearing on behalf of the informant have vehementally opposed the prayer for bail.

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Considering the submissions advanced by the learned counsel for the parties, the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the injury report of the injured Vinod, Sushil, Chhote and Veerpal, the fact that injured have not assigned any specific role of causing injuries by sharp edged weapon to the applicant, the fact that co-accused Abhishek Nagar has already been enlarged on anticipatory bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed .

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Let the applicant Vipin Kumar involved in the aforementioned

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case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 12.12.2022 Brijesh Maurya

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Digitally signed by BRIJESH KUMAR Date: 2022.12.12 17:27:12 IST Reason: Location: High Court of Judicature at Allahabad

Vipin Kumar v. State of U.P.

Case brief

What is this about?

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Vipin Kumar v. State of U.P.

Case brief

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