Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34865 of 2021 Applicant :- Manoj Mishra And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants are innocent and they have not committed any offence. The first information report was lodged against ten named and one unknown person alleging that all the accused persons have assaulted the deceased and other persons of informant side. During treatment, one of the injured, namely, Pramod succumbed to injuries. It has been submitted that deceased has sustained only one injury and there is no specific evidence that which of the accused is author of the said injury. It was further submitted that in the alleged incident, both sides have sustained injuries and that as many as 10 persons have sustained injuries from the side of applicants side and that cross case was also registered vide Crime No. 0055 of 2021, under Sections 147, 149, 308, 336, 323, 504, 506, 188, 269 and Section 3 of IPC, Police Station Mahrajganj, District Jaunpur. It has been submitted that only general role has been assigned to all the accused persons and that no specific role has been attributed to applicants and that similarly placed co-accused persons, namely, Matafer Singh, Manoj Singh, Vakash Singh, Subhash Singh, Yogendra Singh, Markandey Singh, Vishal Singh and Ashok Singh have already been granted bail by co- ordinate Bench of this Court vide order dated 27.07.2021, passed in Criminal Misc. Bail Application No. 23585 of 2021. Lastly, it was submitted that the applicants are languishing in jail since 16.07.2021, having no criminal history and that in case the applicants are released on bail, they 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 the similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Manoj Mishra and Saroj Mishra involved in Case Crime No. 46 of 2021, under Sections 147, 149, 308, 336, 323, 504, 506, 188, 269, 304, 325 IPC and 3 Pandemic Act, P.S.
Maharajganj, District Jaunpur, 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 applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 applicants in accordance with law.
Order Date :- 24.9.2021 A. Tripathi