Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24683 of 2019 Applicant :- Manak Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicant, Manak Chand, who is involved in Case Crime No. 18 of 2019, under Sections- 395, 412 I.P.C., Police Station- Gunnour, District- Sambhal.
As per FIR version the complainant has a provisional store shop and on 11.01.2019 while he along with his younger son was returning from the shop, he contained two bags, in one there were Rs. 2,40,000/- in cash and in another there were ledger books. When the complainant reached in front of his house, 5 persons on two motorcycles reached there and overtook the complainant and threatened, on gun point and snatched both the bags from them and ran away from the spot. The contention is that other co-accused, namely Sheoraj and Lalaram has been granted bail by co-ordinate Benches of this Court vide Criminal Misc. Bail Application Nos. 14071 of 2019 and 18259 of 2019 by orders dated 4.4.2019 and 09.05.2019 respectively and the case of the present applicant stands on same footings.
Learned counsel for the applicants submits that applicants are innocent and falsely been implicated in this case. In the statement of complainant recorded before Investigating Officer under Section 161 Cr.P.C., he supported the F.I.R. but could not name the applicant in his statement. He further submitted that there is no independent witness who saw the snatching and till today no such recovery of the amount is made out from the possession of the applicant. If the applicant is released on bail, he shall not misuse the liberty of the bail. The applicant has no criminal antecedent and he is languishing in jail since 07.03.2019.
Learned A.G.A has vehemently opposed the prayer for grant of bail but could not dispute the factum of granting bail to other co-accused.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant- Manak Chand, involved in the aforesaid crime 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 with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He shall cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Rohit