Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46127 of 2018 Applicant :- Manohar Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Manohar Prajapati seeks bail in Case Crime No. 593 of 2018, under Sections 379, 411, 307, 332, 333, 353 I.P.C. and Section- 26/52/52D of Indian Forest Act, P.S. Khorabar, District- Gorakhpur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even according to the prosecution own case the applicant is not named in the first information report and on the next day the applicant has been nominated. He has next submitted that even according to the prosecution own case as many as 7 persons are said to have fired upon the victim, however he has received only one injury on his shoulder. The author of the said injury has not been specified and no recovery whatsoever has been made from the possession of the applicant.
Learned counsel for the applicant has next submitted that co- accused Rajesh Nishad has already been granted bail by this court in Criminal Misc. Bail Application no. 40906 of 2018 vide order dated 26.10.2018. The criminal history of the applicant has been explained in paragraph 19 of the affidavit.
Per contra, learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.
Let applicant, Manohar Prajapati be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by this Apex Court in the case of Alakh Alok Srivastava vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 Rohit