Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22900 of 2019 Applicant :- Manish Alias Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Manish Alias Pintu seeking bail in Case Crime No. 511 of 2018, under Sections 379, 411, 427 IPC, P.S. Jalesar, District- Etah.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report, however subsequently on the basis of recovery of a country made pistol and sum of Rs. 1500/-, he has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that similarly placed co- accused Digambar @ Rinku and Ramesh @ Pappu have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 7348 of 2019 and 12848 of 2019 vide orders dated 20.2.2019 and 29.3.2019. Lastly, it is submitted that the applicant is in jail since 5.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraphs- 8 and 9 of the affidavit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 5.11.2018 and similarly placed co-accused has already been granted bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Manish Alias Pintu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the applicant, subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 30.5.2019 KU