Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6775 of 2021 Applicant :- Manoj @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant Manoj @ Munna with a prayer to release him on bail in Case Crime No.
306 of 2019, under Sections 323, 452, 376 and 506 IPC, police station Refinery, district Mathura, during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further argued that the allegation of rape is against the co- accused, Ramkishan @ Tunakiya, who has been enlarged on bail by the Coordinate Bench of this Court vide order dated 25.2.2020 passed in Criminal Misc. Bail Application No. 8484 of 2020 and the case of the applicant stands on much better footing than that of co-accused, Ramkishan @ Tunakiya. The applicant has no criminal history to his credit and is languishing in jail since 16.10.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but conceded on the point that co-accused has been granted bail.
I have considered the submissions of the parties and the fact that co-accused, Ramkishan @ Tunakiya has already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Manoj @ Munna 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:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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.
(3) That after his release, the applicant shall not involve in any criminal activity
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
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.
Order Date :- 12.8.2021 Sumaira