Vipin Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:17433

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12867 of 2024

Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anurag Dwivedi,Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Parashu Ram Kanaujia,Rajeev Kumar

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rahul Singh, Advocate holding brief of Sri Rajat Pratap Singh, the learned counsel for the applicant, Sri Rajiv Kumar Verma, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.164 of 2024, under Sections 302, 201 I.P.C., registered at Police Station Harpalpur, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.05.2024 against 8 persons including the applicant, his father, brothers, sisters and one Anurag stating that the informant's son Dipak aged about 31 years had got married to the applicant's sister-co-accused Meena about 7 years ago. The accused persons used to quarrel with the informant's son. Meena had gone to his father's house and on 12.11.2023 her husband had also gone to the applicant's house. He had talked to his brother on 13.11.2023 and since then his mobile was switched off. The informant expressed an apprehension that his son had been hidden at some place.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely

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implicated in the present case and he has no criminal history. The applicant's father Bateshwar has filed Criminal Misc. Writ Petition No.6734 of 2024 and by means of an interim order dated 17.09.2024 passed by this court his arrest has been stayed till next date of listing. A co-accused Suresh Pal Singh who is not named in the F.I.R. has been granted bail by this court by means of an order dated 04.10.2024, passed in Criminal Misc. Bail Application No.10655 of 2024. Another co-accused Anurag who is co-brother of the applicant has been granted bail by this court by means of an order dated 18.12.2024, passed in Criminal Misc. Bail Application No.13047 of 2024.

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The State has filed a counter affidavit annexing therewith copies of relevant materials collected during investigation and a copy of charge sheet dated 11.10.2024. The learned A.G.A. has opposed the prayer for bail but he could not dispute that the dead body of the victim has not been recovered till date.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 19.07.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Vipin 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 magistrate/court concerned, subject to 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 pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 26.3.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vipin v. State of U.P. Thru. Prin. Secy. Home Lko.

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