Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Manish Alias Bihari in Case Crime No. 106 of 2019, under Sections 147, 148, 149, 302 I.P.C., P.S.- Harduaganj, District Aligarh.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that accused applicant was not named in the F.I.R.; named accused Ravi Pratap has already been granted bail by the coordinate Bench of this Court vide order dated 3.2.2020 in Crl. Misc. Bail Application No. 601 of 2020. It is further stated that another co-accused Vivek, who was also not named in the F.I.R., has been granted bail and the bail order has been attached with the bail application. It is submitted that name of the accused applicant came in light on the basis of confessional statement of Subhash, who said that the accused applicant fired on the deceased whereas in the F.I.R. specific role of firing has been assigned to co-accused Pradeep and Sonu and they were exhorted by the accused Subhash, there is no evidence except confessional statement of co-accused and against the accused applicant case is totally based on circumstantial evidence. In respect of criminal history learned counsel submitted that in one case accused applicant has been granted bail and in two cases bail application is pending and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 13.5.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid fact that case of the accused applicant is identical with co-accused Vivek, who was also not named in the F.I.R. and has been released on bail.
Having heard the submission of learned counsel of both sides, considering the fact of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Manish Alias Bihari be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2021 Dhirendra/