Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39301 of 2018 Applicant :- Manohar Singh And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jai Prakash Prasad, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Manohar Singh, Kamlesh and Pawan in S.T. No. 503 of 2017, arising out of Case Crime No. 308 of 2016, under Sections 302, 504, 34, 120-B I.P.C., Police Station- Gandhi Park, District- Aligarh with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicants have been falsely implicated in the present case. As per the prosecution case, deceased was subjected to fire arm injury by the nominated persons. Post-mortem examination report shows single gunshot injury. Specific role of causing the alleged gunshot injury has been assigned to co- accused Jitendra @ Guddu. During trial, names of the applicants were dropped. Applicants have been summoned on an application under Section 319 Cr.P.C. No recovery has been made at the pointing out of the applicants. Lastly, it is submitted that co-accused Sanket @ Vedu and Sunil have been enlarged on bail by coordinate Benches of this court in Criminal Misc. Bail Application Nos. 23324 of 2017 & 34348 of 2018 vide orders dated 06.07.2017 & 11.09.2018, respectively. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 30.07.2018, having no criminal antecedents to their credit, deserve to be enlarged on bail.
Per contra, learned A.G.A. 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 applicants are entitled to be released on bail.
Let applicants- Manohar Singh, Kamlesh and Pawan be released on bail in the aforesaid case crime number on each of them 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 applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants 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 applicants.
Order Date :- 12.10.2018/Vikas