Vinod Kumar Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39928 of 2023 Applicant :- Vinod Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Rai Counsel for Opposite Party :- G.A.,Jaideep Pandey Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri Jaideep Pandey, learned counsel for the informant and learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 923 of 2021, under Sections 420, 406, 467, 468, 471, 504, 506 IPC, Police Station Chakeri, District East Commissionerate Kanpur Nagar, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged belatedly. The delay in the facts of the present case is fatal to the prosecution case. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The applicant has not forged any document. The allegations are vague and general in nature. At this stage, there is no evidence to connect the applicant with the offence. The criminal history of the applicant has been explained in para 11 of the affidavit. The applicant is in jail since 07.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that no amount has been credited in the account of the applicant. At present, there is no substantive evidence against the applicant. The applicant has remained confined for almost four months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper 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 Vinod Kumar Singh, involved in the 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; and,

(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 :- 2.11.2023 Lbm/- High Court of Judicature at Allahabad