Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24835 of 2021 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Sanjay Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that initially in this matter FIR was lodged for the offence under Sections 323, 307 IPC on the next day of the incident. Deceased died during treatment after 11 days of the incident. No dying declaration or the statement of the witnesses has been recorded. None has seen the incident, as is clear from the contents of the FIR as well as first statement of the decased recorded by the Investigating Officer. It was further argued that second statement of the witnesses was recorded by the Investigating Officer, in which they disclosed the specific role of the applicant. Referring to the second statement of the witnesses annexed with the application it was further argued that if these statements are taken into consideration then also main role for causing fire arm injuries is assigned to co-accused Purshottam. Co-accused Pankaj Kumar having identical role has been allowed on bail vide order dated 18.03.2021 in Criminal Misc. Bail Application No. 45955 of 2020 passed by this Court. He is languishing in jail since 02.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Manoj involved in Case Crime No. 279 of 2020, under Sections 302, 323, 34 I.P.C., P.S. Jasrana, District Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.7.2021 Sachdeva