Vipin Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44536 of 2023 Applicant :- Vipin Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 346 of 2023 under Sections 395, 342, 500, 412, 506, 171 I.P.C., Police Station-Kalyanpur, District-Kanpur Nagar, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R., his name came into light during investigation. Neither the applicant has been involved in such crime nor any indecent video has been recovered from the possession of the applicant. The applicant is a student and his career would be jeopardized as a result of the instant criminal case. It is next contended that the named co-accused Dileep Singh @ Praduman and one unnamed co-accused Brajendra Singh, whose role is identical to that of the applicant's role, have been granted bail by this court in Criminal Misc. Bail Application No. 42488 of 2023 and Criminal Misc. Bail Application No. 43694 of 2023 vide orders dated 12.10.2023 and 13.10.2023 respectively. The applicant claims parity. The applicant is in jail since 08.08.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than two months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Vipin Singh, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.10.2023 S.Verma High Court of Judicature at Allahabad