Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44672 of 2021 Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Through Secretary Home, Lucknow Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Amit Kumar Singh, learned counsel for the applicant and Shri Satendra Nath Tiwari, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.06 of 2020, under Sections-419, 420, 467, 468, 471, 120-B I.P.C. and Sections 66/66C/66D of I.T. Act, P.S.- Cyber Crime, District-Gorakhpur, is seeking enlargement onbail during the trial.
Learned counsel for the applicant submitted that the present F.I.R. was lodged against unknown and the complicity of the applicant has figure up in the confessional statement of the co- accused Lalla Kumar Singh before the police. There is no recovery of any incriminating material either from the possession or at the pointing out of the applicant. It has been further contended that all the accused persons, who said to have been involved in the case, were admitted on bail by Co-ordinate Benches of this Court on different occasions. The applicant has criminal history of three cases, and according to the counsel for the applicant, in all cases the applicant has been enlarged on bail. Submission is that the confession before the police is the weakest type of evidence and the false implication of the applicant cannot be ruled out. The applicant is in jail since 31.8.2021, hence he should be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. but he could not dispute the above facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Manoj Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime number, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 M. Kumar Digitally signed by RAHUL CHATURVEDI Date: 2021.10.28 12:11:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad