An accused person is entitled to be released on bail unless there is a strong likelihood that they will misuse their liberty or interfere with the prosecution's case.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53782

of 2022

Applicant :- Vinod Kumar Dwivedi Urf Baby

Opposite Party :- State of U.P.

Counsel for Applicant :- Bhanu Pratap Singh,Ashok Kumar

Tiwari,Sr. Advocate

Counsel for Opposite Party :- G.A.,Sandeep Kumar

Dubey,Satyendra Narayan Singh

Hon'ble Vivek Varma,J.

Heard Sri Amrendra Nath Singh, learned Senior Counsel

assisted by Sri Ashok Kumar Tiwari, learned counsel for the

applicant, Sri Satyendra Narayan Singh, learned counsel for the

informant and Sri Vikas Sahai, learned AGA for the State-

opposite party.

The instant bail application, under Section 439 Cr.P.C., has been

filed with a prayer to enlarge the applicant on bail in Case

Crime No. 486 of 2021, under Sections 419, 420, 467, 468, 471,

406, 506, 120B I.P.C., Police Station- Gulariha, District-

Gorakhpur during the pendency of trial.

It is contended that the applicant has been falsely implicated in

the instant case. No amount has been credited in the account of

the applicant. The applicant is not a beneficiary of any illicit

transaction. It is further contended that the applicant did not

impersonate as the owner of the property in dispute nor did he

introduced the co-accused persons to the informant. The case of

the applicant is clearly distinguishable from that of other co-

accused persons. The applicant has no criminal history and he is

in jail since 21.10.2022 and in case he is enlarged on bail, he

will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not

satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without

commenting on merits of the case, I am of the opinion that the

applicant is entitled to be enlarged on bail.

Let the applicant- Vinod Kumar Dwivedi Urf Baby involved

in aforesaid case be released on bail on his furnishing a

personal bond and two sureties each in the like amount to the

satisfaction of the court concerned subject to the conditions that

he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

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 :- 11.1.2023

Aditya

Digitally signed by :-

ADITYA KUSHWAHA

High Court of Judicature at Allahabad