Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44604 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that prosecutrix is a mature and married lady, aged 40 years, and that she has got lodged this case by moving an application under Section 156(3) Cr.P.C. and false allegations of gang rape were levelled against the present applicant and other co-accused persons. It is also submitted that the applicant and other co-accused were exonerated during investigation. It has been submitted that main allegations were made against co-accused Satish @ Satto. It has been submitted that during trial of co-accused Satish @ Satto, the applicant has been summoned under Section 319 Cr.P.C on the basis of statement of prosecutrix, but the said statement of prosecutrix is thoroughly false and improbable. It is also submitted that the applicant has the ground of bail parity with co-accused Lokesh as the role assigned to the present applicant is similar to the role assigned to co-accused, Lokesh who has already been admitted to bail, vide order dated 27.11.2021, in Criminal Misc. Bail Application No. 44002 of 2021, a copy of which is taken on record of this bail application. It has also been submitted that there is no credible evidence against the applicant and now he is languishing in jail since 04.09.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that applicant was exonerated during investigation and he has been summoned under Section 319 Cr.P.C.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody, considering the ground of parity and considering all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out.
Hence, the bail application is hereby allowed.
Let the applicant Manoj Kumar involved in Case Crime No. 392 of 2016, under Sections 363, 366, 376D, 379 IPC, P.S. Farah, District Mathura, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.12.2021 LBY