Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16049 of 2019 Applicant :- Manish Singh @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anshul Tiwari,Lav Srivastava,Shri V.P . Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit and Rejoinder Affidavit have been filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is not named in the FIR. He has been implicated by the first informant on the basis of suspicion. The recovery of one knife has been shown from the applicant and motive of the crime was alleged against one, Omkar Singh, who has not been converted into witness of the aforesaid crime. The applicant is in jail since 22.09.2018 and he has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Manish Singh @ Golu, be released on bail in Case Crime No. 289 of 2018, under Section- 302 I.P.C., Police Station- Mubarakpur, District- Azamgarh, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 31.7.2019 Rohit