Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24241 of 2019 Applicant :- Manoj Kumar Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.,Rajeev Kumar Rai
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Offence under section 302, 120-B I.P.C. is not attracted in the present matter. Referring to the contents of the FIR it is further argued that no specific ingredients has been mentioned in the FIR to attract the offence under section 302, 120-B I.P.C. It is further argued that nothing is recovered from the possession of the applicant to connect him with this matter. Recovery is on pointing out of the co-accused. Applicant was implicated in this matter being the father of the co-accused. It is also argued that Mamta Rai in the similar circumstances has been released on bail by this Court through Criminal Misc. Bail Application No. 22227 of 2019 vide order dated 28.05.2019. No specific role has been assigned to caused injuries to the deceased against present applicant. Thus, applicant is also entitled to be released on bail. He is languishing in jail since 04.04.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. and learned counsel for the informant argued that essential ingredients to constitute the offence under section 120B I.P.C. is available against the applicant. He had threatened to the deceased earlier. It is also argued that threat is being caused to the family member of the informant. If applicant is allowed on bail he will eliminate the informant family. It is further contended that co-accused Mamta has been released on bail being a women. Role assigned to the present applicant is distinguishable with the role of co-accused Mamta.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Manoj Kumar Rai involved in Case Crime No. 22 of 2019, under Sections 302, 120-B, 506 I.P.C., P.S. Kopaganj, District - Mau, be released on bail on furnishing a personal bond and two heavy sureties (not less than rupees ten lacs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 Swati