Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35275 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri O.N.Pandey, learned counsel for the applicant Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against 8 named persons including the applicant that on receiving the information through an informer that some miscreants had taken away a minor girl in a car for being sold her the police personnel started checking of vehicles and caught the culprits alongwith the victim.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and police enmity and he has committed no offence. It is next contended that the victim in her statement recorded under section 161 Cr.P.C. has not taken the name of the applicant for such an offence. The victim was not medically examined as she had escaped from the hospital. There is no public witness to support the alleged recovery of the victim. It is also contended that the police had demanded the car from the owner of the car for personal use without paying any charges which was refused by the owner as well driver of the car and as such the applicant has been falsely implicated in the present case. The applicant is a driver of the car. The said car is being used for booking of the public which was hired by co-accused. Further, neither there is any report for disappearance nor any FIR of the victim has been lodged. Co-accused Ramppal has been released on bail on 12.10.2018 by this Court in Criminal Misc. Bail Application No.39719 of 2018 and the case of the applicant is on identical footing, hence the applicant is also entitled to be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.8.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Manoj Kumar involved in Case Crime No.353 of 2018, under Sections 366-A, 372 I.P.C, P.S. Katra, District- Shahjahanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) 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 applicants to prison.
Order Date :- 27.10.2018 IA