Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17386 of 2021 Applicant :- Manish Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Raju Kanaujia,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44055 of 2020 Applicant :- Veerbhan Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39090 of 2018 Applicant :- Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Raju Kanaujia,Chandra Prakash Pandey,Rajesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Since all the aforementioned bail applications arise out of similar nature of cases, they have been heard together and are being decided of by a common order. Criminal Misc. Bail Application No. 17386 of 2021 is leading file.
Heard S/Sri Raju Kanaujia, Chandra Prakash Pandey, learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It was further argued that initially FIR was lodged by one Jeetu against eight accused including the applicants for the offence under Sections 147, 148, 149, 323, 302, 341, 336 and 307 IPC. Police investigated the case and charge sheet was submitted only against Raj Kumar and Vishnu Dayal. Trial continued. Informant, who was claiming to be the eye witness was examined by the trial court but he did not support the prosecution case. Trial is still pending. Thereafter on the basis of order passed by the S.P. concerned under Section 173(8) Cr.P.C. further investigation was done. It was also argued that earlier on the basis of affidavit given by the informant, Final Report had been submitted against the present applicants. In the further investigation Investigating Officer recorded statement of same witnesses and submitted charge sheet against the present applicantS and other co-accused. Sri Kanaujia also argued that having identical role co-accused Chandra Prakash and Ram Asrey have been allowed on bail by the court below. Thus, applicant is also entitled to be released on bail. There is no distinguishable feature in the matter. Learned counsel for the applicants further argued that although specific role for causing injuries to the deceased is assigned to the applicants Veerbhan and Raj Kumar in the statement of informant Jeetu and other witnesses. It is also argued that informant had been examined in the trial of co-accused, he has not supported the prosecution case. Investigating Officer has submitted charge sheet on the basis of statement of same witnesses. In fact none has seen the incident. Victim was not present on the spot. No prima facie case is made out against the applicants. Thus, prayer for bail was made. Applicants are in jail since 01.07.2020, 30.06.2020 and 14.06.2017 respectively. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA argued that specific allegation has been levelled against Raj Kumar and Veerbhan for causing injuries to the deceased. Informant has seen the incident. Although he has been declared hostile in the trial against the co-accused but same cannot form basis for granting bail to the present applicants in the present matter.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Manish Kumar, Veerbhan and Raj Kumar involved in Case Crime No. 477 of 2017, under Sections 147, 148, 149, 323, 302, 341, 336, 307 I.P.C., Police Station Tirwa, District Kannauj be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.7.2021 Sachdeva