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2025 DAILYLAW 6546 (ALL)

VIPIN YADAV ALIAS V.P. v. STATE OF U.P.

BAIL/934/2025 · 2025-02-06

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17600 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 934 of 2025 Applicant :- Vipin Yadav Alias V.P. Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. Supplementary affidavit filed on behalf of the applicant is taken in the record. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.24 of 2022 at Police Station-South, District-Firozabad under Section 2/3 of UP Gangsters and Anti Social Activities Act. The applicant is in jail since 20.01.2022. The bail application of the applicant was rejected by the learned trial court on 25.03.2022. The following arguments made by Shri Yogesh Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant has been falsely implicated in the instant case. 2. The applicant has been enlarged on bail in the three cases depicted in the gang chart. He is not a member of any criminal gang. 3. The applicant has explained his criminal history. It is also contended that the applicant is a financially destitute person who belongs to a marginalized section of the society. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application. 4. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Vipin Yadav alias V.P. be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 6.2.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad