Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17790 of 2019 Applicant :- Manish @ Mange Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Manish @ Mange, who is involved in Case Crime No. 0168 of 2019, under Sections 392 & 411 I.P.C., P.S. Sikandra, District Agra, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, which was registered against unknown person; subsequently recovery of Rs.25,000/- has been said to be made from the possession of applicant and on the basis of alleged confession the same has been connected with present case crime number, whereas no such confession was ever made; amount of Rs.25,000/-, which was said to be recovered from the possession of applicant, was claimed to be of his own; accused- applicant is of no criminal antecedent, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of First Information Report reveals that it was lodged against unknown miscreants. Subsequently, above recovery was said, but the same is being claimed to be of accused-applicant himself.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Manish @ Mange, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 NS