Allahabad High Court
Vipin Singh vs State Of U.P. And Another on 12 April, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7446 of 2021
Applicant :- Vipin Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Munna Babu
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 7.4.2021 of the Committee of this Court for the Purpose of Taking Preventive and Remedial Measures and for Combating the Impending Threat of Covid-19,this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned AGA for the State through Video Conferencing.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Vipin Singh, in Case Crime No.-306 of 2020, under Sections- , 147,148,149,186,269,323,307,504,506,332,352,427 IPC and Section 7 of Law Amendment Act, Police Station Meja, District- Prayagraj.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Co-accused, Rajat Singh, has already been granted anticipatory bail vide order dated 29.1.2021 passed in Criminal Misc. Anticipatory Bail Application No. 1778 of 2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for anticipatory bail on the ground of parity.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That the applicant shall not, directly or indirectly, make any 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 to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.4.2021
Atul kr. sri.
