Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23178 of 2019 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in Case Crime No.575 of 2018, under Section 302 I.P.C., Police Station Iglas, District Aligarh, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that dying declaration of deceased Reena Devi w/o Pawan Kumar was recorded on 18.07.2018. In the said dying declaration, the deceased has assigned the role of catching hold to accused Habua, Pilua, Manoj Kumar (applicant). Further submission is that co-accused Dharmvir @ Pilua has been granted bail by the co-ordinate Bench of this Court vide order dated 12.04.2019 in Criminal Misc. Bail Application No.15237 of 2019, appended as Annexure No.8 to the bail application, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 15.08.2018.
Learned AGA opposed the application for bail by contending that the applicant is named in the FIR while co-accused Dharmvir @ Pilua was not named in the FIR but did not dispute the fact that the deceased in her dying declaration dated 18.07.2018 has assigned similar role to the co-accused Habua, Pilua and present applicant Manoj Kumar.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manoj Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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. It is further clarified that 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.
Order Date :- 3.6.2019 SKD