Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50900 of 2021 Applicant :- Manoj Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the material available on record.
At the very outset, the learned counsel for the applicant submits that the applicant has bail parity with co-accused Ram Prakash, who has already been granted bail in Criminal Misc. Bail Application No. 49047 of 2021, vide order dated 20.12.2021, a copy of the bail order is taken on record of this bail application.
The present accused-applicant is involved in Case Crime No. 204 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 34, 120-B IPC & 60-A, 60(1), 60(2), 72 of the U.P. Excise Act, Police Station Dauki, District Agra, applied for bail.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case by the police to show good work. It is further submitted that the applicant deserves bail on the ground of parity with co-accused Ram Prakash and the role assigned to the present accused is similar to the role assigned to co- accused Ram Prakash, who has already been granted bail by another bench of this Hon'ble High Court in Criminal Misc. Bail Application No. 49047 of 2021, vide order dated 20.12.2021. Lastly it is submitted that the applicant is in jail since 08.09.2021 and in case of being released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and he also accepts the ground of bail parity of this accused with co-accused Ram Prakash.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, considering the parity of the present applicant with co-accused Ram Prakash, considering detention of applicant in jail, severity of punishment in case of conviction, alleged recovery of liquor at the pointing out of applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Manoj Kumar Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 LBY