Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40076 of 2018 Applicant :- Manoj Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Nazrul Islam Jafri
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 1036 of 2016 under Sections 147, 148, 149, 452, 307, 302, 436, 336, 504 I.P.C. and Section 7 Criminal Law (Amendment) Act, P.S. Kotwali District Shahr Bijnor.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that as per F.I.R, general role of firing has been assigned to all the accused 27 persons. He next submitted that, in substance in the F.I.R, it has been stated that on 16.09.2016 at about 07:00AM, Mohd. Talib, nephew of the informant has gone to drop his daughter Yasmin to the school. At Penda Bus Stand, Nitin and his four friends committed indecent act with Yasmin, therefore, Mohd. Talib returned to house along with Yasmin and complained the incident with Sansar Singh and also informed the police. Sansar Singh and others hurled abuses to the informant and started collecting his own men and exhorted to finish the persons of Muslim community. On which at about 07:30, Sansar Singh, Nitin, Raju, Pappan, Naresh, Tikam Singh Son of Bati, Tejpal, Koman, Pankaj, Anuj, Satish, Prem, Billu, Rinku, Sonu, Kakku, Ompal, Rajpal, Anil Kumar, Manoj, Tishu, Akash all are residents of village Kunwar Sen, Bill (Cementwala) two nephew of Kunwar Sen (who were working as Homeguard) armed with pistol, gun, rifle attacked on the residents of Muslim community. They also opened fire due to which Aneesuddin, Ehsaan and Sarfaraj had died on the spot and various other persons received grievous injuries. The accused set fire in the shop of Mahboob as well as on the motorcycle of the informant. They also set fire on the bitora of upla of Zamil and the informant.
Learned counsel for the applicant next submitted that it is admitted in the F.I.R. that after the incident dated 16.09.2016 at about 07:00 A.M., the police was called on the spot. Sub Inspector Anurag Chaudhary, who had come on the spot, was interrogated under Section 161 Cr.P.C. He has given a different seen of occurence inasmuch as according to S.I. Anurag Chaudhary, Aishwarya Chudhary @ Mausam, Arun Kabadi, Kartik @ Bittu instigated the mob on which the incident had occurred. S.I. Anurag Chaudhary had prepared a videography relating to entire incident from his mobile phone. In that videography, presence of the applicant on the spot has not been found. the applicant was arrested on 17.09.2016.
Learned counsel for the applicant further submitted that though the applicant has been named in the F.I.R. and his name was also came in the statement of Sub-Inspector Anurag Chaudhary without assigning any role of participating in the alleged incident. The incident is alleged to have taken place on 16.09.2016 but the trial has not been started till today.
He further submitted that the co-accused Anil Singh who has been assigned similar role, has been granted bail by another Bench of this Court vide order dated 4.6.2019 in Criminal Misc. Bail Application No. 21133 of 2019.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 29.09.2016 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Manoj Kumar Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu