Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7025 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons namely, Bhoop Singh, Narayan, Manoj, Kanti and Mukandiya alleging that on 30.6.2016, 22.3.2017 and 18.7.2017 21.9.2016 they assaulted the injured, namely, Chiranji Singh by kicks and fists and looted Rs. 14,000/-. He received injuries.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature. F.I.R. was lodged for the offence under Sections 147, 323, 307, 392 IPC but during investigation, section 392 IPC was not found. He is languishing in jail since 12.12.2017 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Kanti has been granted bail by this Court on 7.2.2018 vide Criminal Misc. Bail Application No. 4538 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manoj involved in Case Crime No. 255 of 2017, under Sections 147, 307, 323 IPC, P.S. Debai, District Bulandshahr 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 :- 23.2.2018 A. Singh