Vipin Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 6263 of 2025

Vipin Kumar Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) Counsel for Applicant(s) : Rajendra Prasad Mishra Counsel for Opposite Party(s): G.A., Ripu Daman Shahi, Upendra Kumar Singh

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri S.K. Singh, Advocate holding brief of Shri Rajendra Prasad Mishra, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and Shri Harsh Vardhan Sharma, Advocate holding brief of Shri Ripu Daman Shahi, the learned counsel for the complainant.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.69 of 2025 under Sections 140(2), 317(2) of B.N.S. and 25/27/30 of Arms Act registered at Police Station- Motiganj, District- Gonda.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.05.2025 stating that unknown persons riding a four wheeler vehicle had kidnapped the informant's son Amit Kumar Verma at about 03:00 PM on 13.05.2025 and they had made a phone call from the phone of the victim to the informant's wife demanding Rs.75,000/- as a ransom.

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The FIR was lodged on 13.05.2025 at about 11 hours and the police claimed to have intercepted the vehicle in question, arrested the accused persons and recovered the victim on 13.05.2025 itself.

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The recovery memo mentions that the applicant was driving the vehicle and the victim was sitting in the middle of the rear seat whereas the two co-accused persons were sitting left and right. The victim stated that he had paid Rs.10,000/- as ransom to the accused persons and the accused persons have withdrawn Rs.64,000/- using

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BAIL No. 6263 of 2025

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his Aadhar Card. A licensed revolver and nine cartridges were recovered from the applicant and a licensed rifle and three cartridges were recovered from the co-accused Arjun Pathak and Rs.74,000/were recovered from the other co-accused Satendra Chaubey.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case because of some monetary transaction between the parties.

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The applicant's involvement in another criminal case has been shown in the affidavit filed in support of the affidavit in which the applicant's arrest has been stayed by means of an order dated 07.02.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Writ Petition No.1083 of 2025.

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The State has filed a counter affidavit annexing therewith material collected during investigation and a copy of charge-sheet submitted on 25.06.2025.

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It is recorded in the charge-sheet that the bank statements of the victim disclosed that on the date of the incident, Rs.1,000/- were transferred from his bank account through online mode, Rs.4,000/were withdrawn from Jan Seva Kendra in Katra Bazar, Rs.10,000/were withdrawn through Bharat Pe and Rs.10,000/- were withdrawn from Paytm in Karnalganj. Rs.10,000/- were transferred through Paytm.

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The learned counsel for the applicant has submitted that the prosecution story appears to be inherently improbably as three persons, who have kidnapped the victim for demanding ransom, could demand Rs.75,000/-, they will not take him to various Grahak Seva Kendra/ATM in the market place and withdraw amounts from his bank account.

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Having considered the aforesaid facts and circumstances of the case and considering the aforesaid submissions of the learned counsel for the applicant coupled with the fact that the applicant is languishing in jail since 13.05.2025 whereas the investigation stands concluded, 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 case.

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BAIL No. 6263 of 2025

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Accordingly, this bail application stands allowed .

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Let the applicant - Vipin Kumar Singh be released on bail in the aforementioned 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.

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September 4, 2025

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-Amit K-

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(Subhash Vidyarthi,J.)