Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41002 of 2018 Applicant :- Manoj Alias Manoj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Vimlendu Tripathi, Advocate filed his Parcha on behalf of the applicant and Vakalatnama filed by Sri Jai Singh Chandel, Advocate holding brief of Sri S.A. Aimam, learned counsel appearing for complainant are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Jai Singh Chandel, Advocate holding brief of Sri S.A. Aimam, learned counsel appearing for complainant and perused the record.
According to prosecution case, F.I.R. was lodged against accused Manoj Kumar alleging that on 30.6.2017, for the admission in M.B.B.S. course he cheated Rs.3,00,000/- (three lacs) from the complainant with the help of Harjeet Singh and Marut Sharma.
Learned counsel for the applicant submitted that the applicant has been falsely implicated due to enmity with the then President of Bar Association, Noida and one F.I.R. was lodged against Parvindar Bhati by the applicant which was registered as Case Crime No. 111 of 2018 and one application was also moved to the Human Rights Commission by the applicant showing the facts lodged in the F.I.R. that he can be falsely implicated in any case or any unhappening may be done with him. He further submitted that one another case was lodged and his bail application was pending and Presiding Officer was unable to decide the application due to Advocate strike. The applicant filed an application under Section 482 Cr.P.C. and vide order dated 8.8.2018, the 1st Additional Sessions Judge, Gautambudh Nagar was directed to hear and decide the application of the applicant on 14.8.2018 positively. Later on, bail application was decided and dismissed and subsequently the applicant was enlarged on bail vide order dated 30.8.2018 in Criminal Misc. Bail Application No. 33153 of 2018 by co- ordinate Bench of this Court. Later on, failing of that episode, again with conspiracy with Parvindar Bhati, the present F.I.R. was lodged. He has been falsely implicated and languishing in jail since 18..2018 (more than two months); only one case of criminal history has been shown against the applicant and that has been explained; so called amount is only Rs.3 lac for cheating, nothing has been done by the applicant. There is no documents to show that Rs.3 lac has been received by the applicant from the complainant to prove the prosecution case; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused Harjeet Singh and Marut Sharma have been enlarged on bail have been enlarged on bail vide orders dated 3.10.2018 and 27.10.2018 in Criminal Misc. Bail Application Nos. 36936 of 2018 and Criminal Misc. Bail Application No. 40999 of 2018 by co-ordinate Bench of this Court.
Learned A.G.A. was unable to explain the paras-30 to 40 of the bail application about the allegation made against the President of the Bar and admitted that there is no criminal history against the applicant except above cases.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Manoj Alias Manoj Kumar involved in Case Crime No. 445 of 2018, under Sections 406, 120-B IPC, Police Station Sector-58 Noida, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 OP