Allahabad High Court
Vinayak Thakur Alias Vinayak Bacchan ... vs State Of U.P. Thru. Prin. Secy. Home Lko. on 25 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 107 of 2023 Applicant :- Vinayak Thakur Alias Vinayak Bacchan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Purnendu Chakravarty,Shivanshu Goswami Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Purnendu Chakravarty, Sri Shivanshu Goswami, learned counsel for the applicant, Sri Jayant Singh Tomar, learned AGA-I for the State and perused the record.
2. This second bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 0024/2020, under Sections 147, 148, 149, 302, 120B & Section 34 IPC, Police Station Krishnanagar, District Lucknow.
3. First bail application No. 6038 of 2020 was rejected by means an order dated 22.10.2021 passed by this Court.
4. The aforesaid case arises out of an FIR lodged against five named accused persons, including the applicant, alleging that all the named accused persons have killed the informant's younger brother by assaulting him with sharp edged weapon. The informant is not an eye witness of the incident. The first bail application was rejected after recording that the applicant was seen in the CCTV footage of the incident.
5. The CCTV footage was not made a part of the case diary and, therefore, after rejection of the first bail application, the applicant filed an application before the trial court on 01.12.2021 for being provided a copy of the CCTV footage. On the aforesaid application, the trial court called for report and on 21.05.2022, the Forensic Science Laboratory U.P. Mahanagar, Lucknow has submitted a report stating that three digital video files sent to the Forensic Science Laboratory contain ghost image of another video in main video with vertical lines/bands and those are likely not to be the original video.
6. A rejoinder affidavit has been filed on behalf of the applicant explaining the applicant's involvement in five other cases, in four of which the applicant has already been granted bail and Case Crime No. 202/2020, under Section 2/3 U.P. Gangster Act, which has been lodged after lodging of the present case, yet another case is NCR No. 218/2015, under Sections 323, 504 IPC, in which the applicant has not been summoned till date.
7. The State has filed a counter affidavit opposing the bail application and Sri Jayant Singh Tomar has submitted that from the call detail records of the mobile phone of the deceased, it has been found that he had talked to accused Kashish Malhotra and Upendra Tiwari.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is not an eye witness of the incident and the first bail application of the applicant was rejected on the ground that the applicant's involvement is recorded in the CCTV footage whereas as per the Forensic Science Laboratory report, the video available contains ghost image of another video and it is not likely to be original video and that even as per the call detail records, there was no conversation of the deceased with the applicant and that he is languishing in jail since 08.01.2020, I am of the view that the applicant is entitled to be released on bail.
9. Accordingly, this bail application is allowed.
10. Let the applicant Vinayak Thakur alias Vinayak Bacchan Singh be released on bail in Case Crime No. 0024/2020, under Sections 147, 148, 149, 302, 120B & Section 34 IPC, Police Station Krishnanagar, District Lucknow on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not temper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.4.2023 Pradeep/-