Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34190 of 2018 Applicant :- Manjeet @ Toni Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar,Mr. Satish Trivedi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Manjeet @ Toni in Case Crime No.45 of 2018, under Sections 302 and 120-B I.P.C., Police Station Partapur, District-Meerut with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case solely on the basis of confessional statement of co-accused, Mange alias Vinay that the applicant along with other accused has hatched a conspiracy to eliminate both the deceased who were witnesses of a murder case. It is pointed out that similarly placed co-accused, Amit Kumar and Dharmveer have been granted bail by another Bench of this Court as well as by this Court in Criminal Misc. Bail Application Nos.40276 of 2018 and 40651 of 2018 vide orders dated 25.10.2018 and 26.10.2018.There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Manjeet @ Toni be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 MN/-