Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26047 of 2018 Applicant :- Mangesh @ Mangeshwar Giri Opposite Party :- State Of U.P.
Counsel for Applicant :- A Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mangesh @ Mangeshwar Giri with a prayer to release him on bail in Case Crime No. 405 of 2018, under Sections 387, 507 IPC, Police Station Kotwali Deoria, District- Deoria, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation in the First Information Report is that some unknown person has given threat demanding Rs. 5 lac from the informant on phone .The mobile phone number mentioned in the First Information Report has been found to be Ram Lakhan Chauriysa, who is related to the informant.
The argument is that applicant has been falsely implicated in this case since phone from which threat was received belongs to the person known to the informant.The applicant is languishing in jail since 19.5.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Mangesh @ Mangeshwar Giri 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 :- 23.8.2018 Atul kr. sri.