Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49358 of 2021 Applicant :- Manohar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar,Vijai Prakash Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Manohar, in Case Crime No. 157 of 2021, under Sections- 147, 148, 149, 302, 307, 504, 506 I.P.C., P.S. Zarif Nagar, District- Budaun.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 22.7.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on 9.7.2021 at 11:26 A.M., for the occurrence of 8.7.2021 of 18:00 P.M. by Jhadu against Veeresh and 6 others, with specific contention of giving assault by Rambhup over Radhesyam, causing injury to him and giving firearm shot by Veeresh over informant's wife Soni, resulting her injured; subsequently, Soni died owing to above gunshot wound; hence, the specific role of giving assault by Rambhup and Veeresh was there; Rambhup has been enlarged on bail vide order dated 14.12.2021 in Criminal Misc. Bail Application No. 50375 of 2021, by Co- ordinate Bench of this Court; accusation against applicant is lesser degree than that of Rambhup; he was said to have been there in above unlawful assembly but assault by him is not there. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose above factual aspects and grant of bail to co-accused Rambhup, as above.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, bail granted to co-accused Rambhup, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Manohar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.12.2021 Kamarjahan