Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15260 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Gorakha @ Mohan who has already been enlarged on bail by coordinate Bench of this Court vide order dated 13.3.2018 passed in Criminal Misc. Bail Application No.9468 of 2018 and the applicant is entitled to bail on the ground of parity. Bail order produced is taken on record. Name of this accused applicant was disclosed by co- accused Gorakha @ Mohan in his confessional statement before police personnels. FIR was lodged against unknown person. There was no independent witness. Statement of Gorakha @ Mohan was recorded after five months of incident. The applicant is languishing in jail since 15.9.2017(more than seven months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history and his case is identical to above co-accused who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Manoj involved in Case Crime No.148 of 2017, under Section 302 IPC, Police Station Sikandera Rau, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 P.P.