Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2962 of 2018 Applicant :- Manish Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Satya Prakash Ram, learned counsel holding brief of Sri Narendra Kumar, learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Mamu, Halkutta and Ashu Bhadauria alleging that on 10.10.2017 Ashu Bhadauria shot fire at Gyan Singh. He received firearm injury on left thigh. Injured Gyan Singh in his statement under Section 16.10.2017 stated that this accused applicant(Manish Tripathi) also shot fire at him.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 11.10.2017(more than five and half year); criminal history of 12 cases have been explained in rejoinder affidavit and he is on bail in all those cases; he has been falsely implicated in the present case; he is not named in the FIR; specific role was assigned to Ashu Bhadauria in FIR but injured stated in his statement against this accused after thought; no offence under Section 307 IPC is made out against this accused; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Manish Tripathi involved in Case Crime No.535 of 2017, under Section 307/120B, Police Station Kotwali Mahoba, District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 P.P.