Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56764 of 2019 Applicant :- Manish @ Sunil Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in S.T. No. 313 of 2019 relating to Case Crime No. 26 of 2019, under Sections 364, 201, 302, 120-B IPC, Police Station Chauck, District Varanasi, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with ulterior motive. He did not commit any offence as alleged and has no concern whatsoever with it. He has no criminal antecedents. It is further submitted that the deceased and the applicant were facebook friends; there is no occasion for the applicant to commit any such incident; he has been implicated only because of his friendship whereas no motive is assigned to the applicant to commit the alleged offence as also nothing incriminating material was recovered from applicant's possession or his pointing out. Learned counsel for the applicant has drawn the attention of the Court to an order dated 19.2.2020 passed in Criminal Misc. Bail Application No. 14 of 2020 whereby co-accused Ramesh Sharma has been enlarged on bail by this Court. He seeks parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 4.4.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Considering the facts and circumstances of the case, I find it to be a fit case for bail. Let the applicant – Manish alias Sunil Sharma involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
The trial court shall conclude the trial expeditiously, preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.12.2021 Digamber