Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23172 of 2019 Applicant :- Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.1221 of 2018, under Sections 302, 301 & 307 I.P.C., Police Station Loni, District Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is neither named in the FIR nor named in the statement of injured witness Naurang. In the FIR as well as in the statement of injured Naurang, main role of firing has been assigned to the named accused Tanveer Kasana. The informant of the case is not an eye witness. It is further submitted that case of the applicant is distinguishable from the main accused Tanveer Kasana. In paragraph 9 of the bail application, the applicant has mentioned that the applicant has no previous criminal history. The applicant is in jail since 06.07.2018.
Per contra, learned Additional Government Advocate has opposed the application for bail but did not dispute the aforesaid fact.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
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 the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 3.6.2019 SKD