Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49428 of 2018 Applicant :- Mangesh Mall Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Dubey,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.,Akhilesh Kumar Dwivedi
Hon'ble Aniruddha Singh,J.
Counter affidavit filed on behalf of the complainant today is taken on record.
Sri Narendra Nath Tripathi, learned counsel for the applicant and Sri A.K. Dwivedi, learned counsel appearing for the complainant submitted that no bail application of any co- accused is pending in this Court. Sri Mayank Kishra (B.H.), learned counsel appearing for the State, admitted this fact.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State, Sri A.K. Dwivedi, learned counsel appearing for the complainant and perused the record.
According to prosecution case, F.I.R. was lodged on 18.8.2018 (after four days of the incident) against four accused persons, namely, Anand Tiwari, Mangesh Mall, Raju Singh and Mankeshwar Singh alleging that on 14.8.2018 Shri Prakash Varma, brother of the complainant, was missing and on 19.8.2018 dead body was recovered. He died receiving three injuries on head. During investigation, according to statements of witnesses, all four persons were indulged in gambling after taking wine. Some dispute arisen, hence they killed the deceased and dead body was recovered at the pointing out of Anand Tiwari and Mangesh Mall and at the pointing out of Mankeshwar Singh motorcycle was recovered.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 19.8.2018 (about one year) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. F.I.R. was lodged after four days of the incident after thought and upon due legal consultation on the basis of suspicion only. There is no legal and cogent evidence against the applicant. The incident was taken place all of a sudden and on spur of moment without pre-plan. Offence under Section 302 I.P.C. is not made out against the applicant. General role has been assigned against all accused persons. It is not clear that who is author of head injury. Even then in the missing report, the applicant was not named. The deceased was also drinker and gambler. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mangesh Mall involved in Case Crime No. 349 of 2018 (Criminal Case No. 3287 of 2018), under Section 302, 201 IPC, Police Station-Kotwali Hata, District-Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 OP