Vipin vs State Of U.P.
2014 Latest Caselaw 7021 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 582 of 2014
 

 
Appellant :- Vipin
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pavan Kumar,Amit Misra,Viresh Misra
 
Counsel for Respondent :- C.S.C.
 
                                     And
 
Case :- CRIMINAL APPEAL No. - 689 of 2014
 

 
Appellant :- Vijay Pal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pavan Kumar,Amit Misra,Viresh Misra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Learned A.G.A. filed counter affidavit which is taken on record.

Prayer for bail in both the aforementioned criminal appeals is being heard and disposed of by means of this common order.

Sri Vinod Tripathi, advocate has filed parcha on behalf of appellant- Vipin which is taken on record.

Heard learned counsel for the appellants and the learned A.G.A for the State.

Learned counsel for the appellant submitted that the role of exhortation was assigned to Vipin and one accused Subhash died during trial. The main role of shooting the deceased Mahendra Pal has been assigned to Vijay Pal. Learned counsel for the appellant further submitted that he does not want to press the bail application of Vijay Pal at this stage.

Learned A.G.A. has opposed the prayer for bail, but he could not dispute on the role of exhortation assigned to the appellant -Vipin.

Having given our thoughtful consideration to the submission of learned counsel for the parties and without expressing any opinion on the merits of the case, at this stage we are of the view that the appellant- Vipin has made out a case for bail.

The prayer for bail of appellant Vijay Pal is refused as not pressed.

Let the appellant Vipin convicted and sentenced in S.T. Nos. 995 of 2010 and 996 of 2010, arising out of case crime Nos. 585 of 2010 and 673 of 2010, under section 302/34 I.P.C. and Section 25 Arms Act, P.S.Dhampur, district Bijnor be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

50% of realization of fine amount shall remain stayed during the pendency of appeal.

Order Date :- 25.9.2014

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