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2025 DAILYLAW 110335 (ALL)

VINOD SINGH v. STATE OF U.P.

BAIL/45212/2024 · 2025-01-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7886 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45212 of 2024 Applicant :- Vinod Singh Opposite Party :- State of U.P. Counsel for Applicant :- Deep Chand Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Deep Chand Singh, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vinod Singh, seeking enlargement on bail in Case Crime No. 198 of 2024, under Sections 147, 352, 323, 324, 307, 504 & 506 of the Indian Penal Code, Police Station Chakeri, District Kanpur Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number due to enmity between the parties and is languishing in jail since 11.11.2024; the F.I.R. dated 02.04.2024 lodged by the informant against 9 named accused persons and 2-3 relatives of one Rakesh Yadav with allegations that on 1.4.2024 at about 9.00 A.M. applicants with some other relatives came with iron rod, Lathi, Stick and Hasiya and assaulted the husband of the informant with intention to kill him, in which he sustained injuries; in the alleged incident, both the sides have received injuries; co- accused namely Mukesh Yadav has also lodged an F.I.R. on the same date at about 05.16 hours against the seven named accused persons and ten unknown persons bearing Case Crime No. 200 of 2024, under sections 147, 352, 323, 324, 504 & 506 I.P.C; there is contradiction between the F.I.R. and statement of the informant recorded u/s 161 Cr.P.C.; no specific role has been assigned to the applicant; there is no evidence, which shows that applicant is the author of the alleged incident; general allegations have been assigned to all the accused persons; he has no criminal antecedent, which is explained in para no. 21 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Vinod Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 6.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad