Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33964 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar Mishra,Rajesh Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Rajesh Kumar Vishwakarma, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
An exemption application has been filed on behalf of the applicant along with present application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
The present bail application has been filed on behalf of applicant Manoj Kumar under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 810 of 2020, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Etmaddulah, District Agra, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the gang chart, annexed as Annexure-2 to the affidavit, two cases have been shown against the applicant, being case crime no. 14 of 2020, under Sections 392, 411 of IPC and Case Crime No. 584 of 2020, under Sections 420, 411 IPC, registered at Police Station Etmaddulah, District Agra. In both cases, he has been enlarged on bail by the Court below. Copies of bail orders have been annexed as Annexure 3 and 4 of the affidavit. Other co-accused Arjun Gautam has been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 23541 of 2021.
It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 7.5.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant.
Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail.
Let applicant, Manoj Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 21.9.2021 Ravi Prakash