Allowed

Vipin Singh v. State of U.P.

Allahabad HC31 May 2023BAIL/24498/2023

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application allowed. Applicant Vipin Singh charged with double murder and related offences alleged to occur during a free fight. Court granted bail noting lack of specific incriminating allegations against him amidst cross-versions and general charges.

What did the court decide?

Applicant Vipin Singh released on bail on furnishing personal bond and two sureties subject to conditions.

Vipin Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:122375

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24498 of 2023

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Applicant :- Vipin Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh,Atharva Dixit,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Atharva Dixit and Sudarshan Singh, learned counsels for the applicant and Sri Suresh Bahadur Singh, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.16 of 2023, under Sections 147,148,149, 302, 307, 120B, 435, 504 and 34 IPC and Section 7 Criminal Law Amendment Act and 3/25 Arms Act, Police Station Fareedpur, District Bareilly during pendency of the trial.

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FIR of the present case was lodged on 11.1.2023 against as many as 18 named accused including applicant and 10-15 unknown persons and according to the FIR on 11.1.2023 at about 1.00 PM in the noon applicant and other accused persons due to dispute of demarcation of the land of the farm house made assault through wooden pieces, axe and country made pistol and opened indiscriminating firing and due to fire and attack made by them Sardar Devendra Singh and Sardar Parvendra Singh and one unknown person have died and Sardar Surendra sustained serious injuries.

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Learned counsels for the applicant submit that entire allegation of making assault and causing injuries against the applicant is totally false and baseless and applicant neither participated in the incident nor he ever caused any injury to anyone. He next submits that on the basis of general allegation applicant has been roped in the present matter along with as many as 30 persons.

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They further submit that it is a case of free fight and actually informant side was the real aggressor and in the incident although from the side of informant two persons lost their lives and one person sustained injuries but from the the side of applicant also one person died and one person sustained serious injuries. They further submit that from the side of applicant also FIR was lodged against the informant and injured of the case on 15.1.2023 and injured Sardar Surendra Singh in his statement recorded under Section 161 Cr.P.C. admitted that from the side of applicant one Gul Mohammad also died and therefore, there are cross version from both the sides and from both the sides one person each sustained injuries and two persons lost their lives from the side of informant and one person lost his life from the side of applicant and, therefore, considering the facts and circumstances of the case, applicant may be enlarged on bail.

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They further submit that although, applicant is having criminal history of one another case but criminal history of the applicant has been explained in supplementary affidavit and he is in jail in the present matter since 15.1.2023.

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Per contra, learned AGA opposed the prayer for bail and submits that it is a case of double murder and applicant and 30 other accused persons made assault through their respective weapons and in the incident fire arms were also used and two persons fro the side of informant lost their lives and one person sustained injuries. He further submits that although from the side of applicant one person died and one person sustained injuries but FIR from the side of applicant was lodged after 4 days while on the other hand, against the applicant informant lodged FIR on the same day, therefore, considering the nature of allegation and evidence available against the applicant on record, applicant should not be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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Although it is a case of double murder and in the incident two persons lost their lives and one person sustained injuries but it appears from the record that from the side of applicant also one person lost his life and one another sustained injuries and, therefore, it appears to be a case of free fight and who was the real aggressor it can only be decided by the trial court at the time of trial.

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Further, no specific allegation has been made against the

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applicant either in the FIR or in the statement of witnesses including the statement of injured Sardar Surendra Singh and on the basis of general allegation applicant has been made accused along with 30 others and even neither in the FIR nor in the statement of witnesses any specific weapon has been assigned to any accused persons including applicant. Further, injured Surendra Singh admitted that from the side of applicant Gul Mohammad died.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Vipin Singh be released on bail in the aforesaid case on furnishing a personal bond and 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 31.5.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Vipin Singh v. State of U.P.

Case brief

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Vipin Singh v. State of U.P.

Case brief

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