Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17057 of 2018 Applicant :- Manoj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Singh,Surendra Pratap Singh Counsel for Opposite Party :- G.A.,Harsh Vardhan Singh,Om Prakash Mishra,Om Singh Rathaur
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Manoj Singh, with a prayer to release him on bail in Case Crime No. 909/2017, under Sections 147, 148, 149, 302, 307 IPC, Police Station Rashra, District- Ballia during pendency of trial.
Submission of learned counsel for the applicant is that general role was assigned to the applicant and other co-accuseds, namely, Chandan Singh, Samsher Singh, Vishal Singh and Nandan Singh. The applicant and two other co-accuseds, namely, Vishal and Samsher Singh, have been assigned the main role of firing by the co-accused, Nandan Singh on the deceased. It has further been submitted by learned counsel for the applicant that the statement of the co-accused, Nandan Singh, is not relevant for the purpose of implication of the applicant in this case. Learned counsel for the applicant has contended that the co-accused, Chandan Singh, has been granted bail by this Court on 13.04.2018, in Criminal Misc. Bail Application No. 13717 of 2018. It has been pointed out that in the aforesaid order on bail application, Nandan Singh, who is the co-accused, has wrongly been mentioned as injured in the bail order of the co-accused, Chandan Singh. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He has criminal history of three cases apart from the present case and he explained the criminal history in paragraph no. 17 of the affidavit in support of the bail application. The applicant is languishing in jail since 12.01.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 S.K.