Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28453 of 2021 Applicant :- Manish Opposite Party :- State of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Hemendra Pratap Singh, learned counsel for the applicant, Sri Pankaj Mishra, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Manish, seeking enlargement on bail during trial in connection with Case Crime No.0238 of 2021, under Sections 302/34 I.P.C., Police Station Quarsi, District Aligarh.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that although in the FIR the applicant along with four other co- accused persons have been named and they have been assigned the role of firing upon the deceased Sagar but postmortem report of the deceased shows that he has received only one fire- arm wound which is an entry wound and the cause of death is metallic foreign body was recovered from the said due to the fire-arm injury and one injury. Subsequently in the statement under Section 161 Cr.P.C. of the first informant, she has stated that accused Arjun, Manish (the present applicant), Karan and Hritik caught-hold of the deceased Sagar after which co- accused Sahwag fired upon him with his country-made pistol, as such the role assigned to the applicant is of catching-hold of the deceased only along with three other co-accused persons, although the role of firing to deceased has been assigned to co- accused Sahwag, hence the role of the applicant is distinguishable with that of co-accused Sahwag. It has also been pointed out that the applicant is not having any criminal history as stated in para 19 of the affidavit and is in jail since 13.04.2021.
Per contra learned A.G.A. has opposed the prayer for bail.
After hearing the counsel for the parties and perusing the record, it is apparent that common and general role of firing to the deceased has been assigned to all the five accused persons including the applicant in the FIR but the deceased received only one fire-arm injury which has subsequently been stated by the first informant in her statement recorded under Section 161 Cr.P.C. to have been fired upon the deceased by co-accused Sahwag.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Manish, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 12.8.2021 Gaurav