Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7684 of 2018 Applicant :- Manoj And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely, Sanjay Kumar, Manoj, Satendra and Yasveer; alleging that on 25.1.2018 they attempted to kill him and co-accused Sanjay Kumar (driver) drove the vehicle on home-guard Shivkesh Kumar.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Main role is assigned to co-accused Sanjay Kumar and there is general allegations against all three accused persons. Offence under Section 307 IPC is not made out against the applicants. No injury was found on the body of the injured. They are languishing in jail since 25.1.2018 (more than one month) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have 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 applicants Manoj and Satendra involved in Case Crime No. 74 of 2018, under Sections 307, 323, 504, 332, 353 IPC, Police Station Shikohabad, District Firozabad 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 A. Singh