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2025 DAILYLAW 113060 (ALL)

VINOD KUMAR AND ANOTHER v. STATE OF U.P.

BAIL/47445/2024 · 2025-02-23

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26166 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47445 of 2024 Applicant :- Vinod Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anju Yadav,Satyam Singh,Shivangi Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Ms. Anju Yadav, learned counsel for the applicants, Shri Shashank Singh, learned Brief Holder 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-applicants, Vinod Kumar and Anekpal @ Lathi @ Nekpal, seeking enlargement on bail in Case Crime No. 107 of 2024, under Sections 127(2), 117(2), 115(2), 191(2), 191(3), 109(1) of B.N.S., Police Station Kulfatehgarh, District -Sambhal. 3. Learned counsel for the applicants argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and are languishing in jail since 15.10.2024; the eye-witness has not taken name of the applicants for doing mar-peet with the injured in his statement; injuries no. 1 & 2 are simple in nature and remaining injuries are grievous; no specific role have been assigned by the informant and injured to the applicants; they have no criminal antecedent and there is no likelihood of their 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 applicants have 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-applicants, Vinod Kumar and Anekpal @ Lathi @ Nekpal, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad