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2025 DAILYLAW 16394 (ALL)

VIPIN v. STATE OF U.P.

BAIL/5414/2025 · 2025-04-28

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66800 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5414 of 2025 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Akhilendra Yadav, learned Advocate filed his power on behalf of the informant, today in the Court, which is taken on record. 2. Heard Sri Rajendra Kumar Srivastava, learned counsel for the applicant, Sri Akhilendra Yadav, learned counsel for the informant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 144 of 2024, under Section 306 IPC, Police Station Araon, District Firozabad during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR along with co-accused Pankaj and Awadh Bihari and as per allegation due to their abetment father of the informant committed suicide but even from the FIR it reflects, principal accused in the present matter is Pankaj and Awadh Bihari and there is no evidence that due to the abetment of the applicant deceased committed suicide. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 17.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that there is absolutely no evidence of abetment against the applicant on record, cannot be ruled out. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 17.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Vipin be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad