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Neutral Citation No. - 2025:AHC:65787 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5258 of 2025 Applicant :- Vipin Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indrapal Vishwakarma,Ramesh Kumar Ojha Counsel for Opposite Party :- G.A.,Vijay Kumar Pandey Hon'ble Sameer Jain,J.
1. Heard Sri Ramesh Kumar Ojha, learned counsel for the applicant, Sri Vijay Kumar Pandey, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 203 of 2024, under Sections 103(1) BNS, Police Station- Rampur, District- Jaunpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with co-accused Vinod Patel but role of causing fire-arm injury to the deceased has not been assigned to him and as per FIR, co-accused Vinod Patel caused fire-arm injury to the deceased and committed his murder and only allegation against the applicant is that he also involved in the present crime. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.12.2024. 5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, applicant is named in the FIR but role of causing fire arm injury to the deceased has not been assigned to him and it has
been specifically assigned to co-accused Vinod Patel. 8. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.12.2024. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11.
Let the applicant-Vipin Kumar Patel 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. 12. 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. 13. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad