Allahabad High Court
Vipin Nagar vs State Of U.P. on 19 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12915 of 2022 Applicant :- Vipin Nagar Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Vinod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
Heard Sri A.C. Srivastava, the learned counsel for the applicant, Sri Kamlesh Kumar Nishad, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 516 of 2021, under Section 307 I.P.C., P.S. Dankaur, District Gautam Budh Nagar.
The aforesaid case has been registered on the basis of an F.I.R. lodged by the Inspector In-charge of Police Station Dankaur alleging that while the applicant was in police custody in Case Crime No. 516 of 2021, under Section 307 I.P.C. he was taken by the police party for search of pistol used in the aforesaid case on 26-11-2021 at 20:30 hours.
The applicant identified the place where he had allegedly hidden the pistol. Believing the applicant, he was allowed to go into the bushes to take out the pistol. The F.I.R. further alleges that the applicant took up the pistol from the bushes and taking advantage of darkness, he pushed constable Ranjeet and fired a shot towards the police party with the intention to kill. The police fired in self-defence and the shot hit the applicant in his left feet. There is a categorical assertion in the F.I.R. that when the pistol lying with the applicant was inspected, there was a live cartridge in the barrel of the pistol.
The learned counsel for the applicant has submitted that as per the allegations made in the F.I.R. itself that the live cartridges was there in the barrel of the pistol, the allegation that the applicant had fired at the police party is belied.
In paragraph 14 of the affidavit the applicant has explained his criminal history; (i) Case Crime No. 373 of 2016, under Section 392 I.P.C. P.S. Dankaur, District Gautam Budh Nagar, in which the applicant is on bail. (ii) Case Crime No. Nil of 2016, under Section 414 I.P.C. and then 115 of 2016, under Sections 147, 148, 149, 307 I.P.C. and 116 of 2016, under Section 25 Arms Act, P.S. Echotech-1st and in these cases the applicant has been released on bail by the lower court concerned (iii) that two other cases bearing Case Crime No. 436 of 2014, under Section 307, 323, 506 I.P.C. and 362 of 2014, under Section 307 I.P.C. and 362 of 2014 under Section 307 I.P.C. both at P.S. Surajpur Gautam Budh Nagar and in both these cases the applicant is on bail.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 27-11-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
Keeping in view the aforesaid facts, particularly the fact that no person has received injury in the alleged fire sought by the applicant, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Vipin Nagar be released on bail in Case Crime No. 516 of 2021, under Section 307 I.P.C., P.S. Dankaur, District Gautam Budh Nagar on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 19.7.2022/pks