Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13153 of 2021 Applicant :- Manjeet Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Shri Ajeet Kumar Singh, has filed vakalatnama on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Manjeet Yadav, who is involved in Case Crime No.190 of 2020, under Sections 302, 307 and 120-B I.P.C., Police Station - Kotwali, District - Ballia.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the applicant is not named in the FIR and his name came into light during investigation; that general role has been assigned to the accused applicant; that there is not direct or indirect evidence against the applicant which connects him with the present case except the confessional statement of co-accused persons, which has no evidentiary value under the provisions of Indian Evidence Act. It is further submitted that co-accused Satyendra Yadav has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No.1647 of 2021 by order dated 10.2.2021. Claiming parity, pleading false implication it is lastly contended that the accused applicant is languishing in jail since 24.8.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned counsel for the informant and A.G.A has opposed the prayer for bail. However granting bail to co-accused has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 8.4.2021 Fhd.