Vinit Kumar v. State of U.P

Reserved On:- 11.12.2023

Delivered On:- 15.12.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51067 of 2023 Applicant :- Vinit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Perdeep Kumar Vishnoi,Sarve Nazir Counsel for Opposite Party :- G.A. Hon'ble Siddharth, J.

¶1Heard Sri Perdeep Kumar Vishnoi and Sri Sarve Nazir learned counsels for the applicant; learned AGA for the State and perused the material placed on record.

¶2There is allegation against unknown accused in FIR that mama of informant, Sukha Singh, was living in his house for about 15 days. On

04.08.2023 at about 6 p.m informant received information that some unknown person has caused gun shot injury on the head of his mama and his dead body was found in the field about 20 metre away in the naali.

¶3Learned counsel for applicant submits that applicant has been falsely implicated in this case on the basis of extra-judicial confession allegedly recorded in application given by informant to the police on

07.08.2023 stating that applicant and another co-accused confessed to their guilt of committing murder of mama of informant. Motorcycle allegedly used in the crime was recovered from applicant and co-accused, Jitendra Kumar. Recovery of one country made pistol, one cartridge was allegedly recovered from possession of applicant. Thereafter, confessional statements of applicant and co-accused, Jitendra Kumar, were also recorded by the police.

¶4Counsel for the applicant has further submitted that there is no recovery of any goods belonging to the deceased from applicant and planted recovery of country made pistol has been shown from him. He has submitted that deceased had gifted his agricultural land in favour of one, Arjun, and hence his son had committed suicide. Chandrapal, his saadhu and his wife, were annoyed with the deceased and they had motive to commit the alleged offence. Applicant had no motive to commit the alleged offence. The applicant has been implicated in this case on account of friendship with co-accused, Jitendra and has criminal history of one case of minor nature explained in paragraph 22 of the bail application. He is in jail since 09.08.2023. Co-accused, Jitendra Singh and Arun Singh, have already been enlarged on bail by this Court vide Criminal Misc. Bail Application Nos. 45696 of 2023 and 45082 of 2023.

¶5Learned A.G.A has opposed the bail application of the applicant.

¶6Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated

11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶7Let the applicant, Vinit Kumar, involved in Case Crime No. 149 of 2023, under Sections-302, 120-B, 34 IPC and Section 3/25/27 of Arms Act, Police Station-Chajlait, District-Moradabad, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against his under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶8In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.12.2023 Rohit High Court of Judicature at Allahabad