Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25331 of 2020 Applicant :- Manoj Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Mani Singh,Birendra Kumar,Praveen Kumar Singh,Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Kumar Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Shri Anand Kumar Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The F.I.R. was lodged against seven accused persons including applicant and that general allegations of assault have been levelled against applicant and co-accused persons. No specific role has been attributed to applicant. It has also been submitted that the version of the first informant is not supported by medical evidence, as the cause of death of deceased has been shown as Asphyxia due to anti-mortem throttling. Learned counsel further submits that in the alleged incident both sides have sustained injuries and the cross first information report was lodged from the side of the applicant under Sections 323, 504 and 506 IPC vide case crime no.0082 / 2020 against deceased Parmesh Kumar and two others. The applicant is not named in the FIR and that there is no eye- witness of the alleged incident. It has further been submitted that similarly placed co-accused Sonu @ Pradeep Kumar, Jagdish, Anil, Shani Lal and Kamla Shanker, have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 2836 of 2021 and 25297 of 2021 respectively passed by this Court. It was further submitted that applicant is languishing in jail since 22.05.2020 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail but he has not disputed that similarly placed co-accused Sonu @ Pradeep Kumar, Jagdish, Anil, Shani Lal and Kamla Shanker 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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Manoj involved in case crime no.81 of 2020, under Sections 147, 323, 504, 302, 188, 269, 270 IPC P.S.
Suriyawan, district Bhadohi be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. 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 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 trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 19.8.2021 pks