Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32509 of 2018 Applicant :- Manik Chandra Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pathak,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Manik Chandra Tiwari with a prayer to release him on bail in Case Crime No. 68 of 2012, under Sections 395, 397, 412 IPC, Police Station Sarptaha, District- Jaunpur, during pendency of trial.
The argument is that the applicant is not named in the first information report. His name has surfaced in the confessional statement of co-accused. The applicant has criminal history of 26 cases, which has been mentioned in rejection order of the court below. The applicant is in jail since 17.3.2018.
Learned A.G.A. was granted time to get the details of the cases mentioned in the criminal history of the applicant by the court below. Despite granting time on 27.8.2018 and 29.8.2018, no information has been received by the learned AGA.
On the other hand learned AGA has opposed the prayer for bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Manik Chandra Tiwari involved in the aforesaid 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 that :-
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 :- 31.8.2018 Ruchi Agrahari