Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22199 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra,Devendra Pratap Singh,Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 06.03.2018 against four accused persons, namely, Manoj, Vinay, Ajay and R.K. alleging that on 02.03.2018 they assaulted Abhay, Arun, Govind and Vijay by kick and fist; Arun received injuries, resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; he co-accused Fekoo has already been enlarged on bail by this Court vide order dated 26.04.2018 passed in Criminal Misc. Bail Application No. 15496 of 2018, copy of which has been taken on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; there is no independent witness against the applicant; general role has been assigned against all accused persons; no specific role has been assigned against any of the accused persons; one head injury was found on the body of the injured and it is not certain who is the author of that injury; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.03.2018 (about eight); having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused- Fekoo, who has already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Manoj Kumar involved in the Case Crime No.
87 of 2018, under Sections 147, 323, 504, 304 I.P.C., P.S.
Gagaha, District Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2018 OP