Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68618 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3786 of 2025 Applicant :- Vipin Chakrwarti @ Vp Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mahendra Pratap Singh learned counsel for the applicant and Shri Ajai Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vipin Chakrwarti @ V.P., seeking enlargement on bail in Case Crime No. 9 of 2023, under Sections 3/25 Arms Act, Police Station-Kakwan, District-Kanpur Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.01.2023.
Learned counsel for the applicant submits that First Information Report has been lodged on 21.01.2023 with the allegation that on an information of the informer the applicant has been arrested and recovery of some ornaments and one live and one empty cartridges has been shown from the possession of the applicant. Learned counsel for the applicant submits that the recovery shown from the applicant is planted one. Criminal history of two cases has been explained in the affidavit filed in support of 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. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicant, Vipin Chakrwarti @ V.P., 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. 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 :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad