High Court · 2025

Applicant :- Vipin Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sect.. U.P. Lko Counsel for Applicant :- Surya Kumar,Pushpendra Kumar,Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant and Sri Rajneesh Kumar Verma, learned Additional Government Advocate for the State.

2. Learned counsel for the applicant has filed supplementary affidavit, same is taken on record.

3. As per learned counsel for the applicant, the present applicant (Vipin Kumar) is languishing in jail since 22.03.2024 in Case Crime No.0044 of 2024, under Sections, 304, 504 & 506 I.P.C., Police Station- Katka, District- Ambedkar Nagnar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against one co-accused Raj Kumar and two other persons. During course of investigation, culpability of the present applicant has been found, therefore, chargesheet has been filed against him. Learned counsel for the applicant has stated that even if the prosecution story is conceded on its face value, no specific allegation has been levelled against the present applicant. The witnesses have named co-accused Raj Kumar and the present applicant but all the aforesaid statements are based on suspicion.

5. Further attention has been drawn towards the supplementary affidavit showing Annexure SA-1, which is the statement of informant/PW-1, who has categorically deposed that she has not named the present applicant and she has absolutely unaware as to how the present applicant has been implicated. Therefore, learned counsel for the applicant has submitted that though the informant has not supported the prosecution version rather denied the prosecution case, therefore, he may be enlarged on bail.

6. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

7. Learned Additional Government Advocate has opposed the aforesaid bail application by submitting that a bamboo cane was recovered from the pointing out of the present applicant.

8. Having heard learned counsel for the parties and having perused the material available on record; considering Annexure SA-1, which is the statement of informant/PW-1, who has categorically deposed that she has not named the present applicant and she has absolutely unaware as to how the present applicant has been implicated, considering the fact that the present applicant is having no prior criminal history of any kind whatsoever; chargesheet has been filed, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the instant bail application is allowed.

10. Let the applicant (Vipin Kumar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court.

11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 1.8.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Vipin Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sect.. U.P. Lko Counsel for Applicant :- Surya Kumar,Pushpendra Kumar,Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant and Sri Rajneesh Kumar Verma, learned Additional Government Advocate for the State.

2. Learned counsel for the applicant has filed supplementary affidavit, same is taken on record.

3. As per learned counsel for the applicant, the present applicant (Vipin Kumar) is languishing in jail since 22.03.2024 in Case Crime No.0044 of 2024, under Sections, 304, 504 & 506 I.P.C., Police Station- Katka, District- Ambedkar Nagnar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against one co-accused Raj Kumar and two other persons. During course of investigation, culpability of the present applicant has been found, therefore, chargesheet has been filed against him. Learned counsel for the applicant has stated that even if the prosecution story is conceded on its face value, no specific allegation has been levelled against the present applicant. The witnesses have named co-accused Raj Kumar and the present applicant but all the aforesaid statements are based on suspicion.

5. Further attention has been drawn towards the supplementary affidavit showing Annexure SA-1, which is the statement of informant/PW-1, who has categorically deposed that she has not named the present applicant and she has absolutely unaware as to how the present applicant has been implicated. Therefore, learned counsel for the applicant has submitted that though the informant has not supported the prosecution version rather denied the prosecution case, therefore, he may be enlarged on bail.

6. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

7. Learned Additional Government Advocate has opposed the aforesaid bail application by submitting that a bamboo cane was recovered from the pointing out of the present applicant.

8. Having heard learned counsel for the parties and having perused the material available on record; considering Annexure SA-1, which is the statement of informant/PW-1, who has categorically deposed that she has not named the present applicant and she has absolutely unaware as to how the present applicant has been implicated, considering the fact that the present applicant is having no prior criminal history of any kind whatsoever; chargesheet has been filed, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the instant bail application is allowed.

10. Let the applicant (Vipin Kumar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court.

11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 1.8.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench