Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3930 of 2019 Applicant :- Manoj Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The F.I.R. in fact was lodged after seven days and six months of the incident, thus it is highly belated. Neither any specific role has been assigned to the applicant nor any motive has been attributed to him, which could have worked as the real cause behind the murder. Nothing incriminating has been recovered from the possession of the applicant. Similarly circumstanced co-accused Deelip Kumar Maurya @ Dipu has been admitted to bail by this Court vide order dated 12.12.2018 in Criminal Misc. Bail Application 43643 of 2018, copy whereof has been annexed as Annexure No.9 to the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.7.2018.
Learned AGA has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Manoj Patel involved in Case Crime No. 735 of 2018, under Sections - 302/34, 201 I.P.C. and Section 4/25 Arms Act, Police Station - Lanka, District - Varanasi 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, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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.
Order Date :- 29.1.2019 S Rawat