Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15880 of 2021 Applicant :- Monu @ Ashish Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant in connection with Case Crime No.828 of 2020, under Section 307 IPC, P.S. Shikohabad, District Firozabad.
Heard Mr. Kumar Vinay Singh, learned Advocate holding brief of Mr. Shri Krishan Yadav, learned Counsel for the applicant and the learned A.G.A. appearing on behalf of the State.
It is submitted by the learned Counsel for the applicant that the applicant's implication in the instant crime is no more than a figment of imagination of the police party. The applicant has been falsely implicated in this case on the basis of a confession coming from a co-accused with no evidence aliunde appearing against him. He has not been arrested on the spot, like the five other co-accused. It said that there is no incriminating recovery from the applicant. There is no public witness about the incident. It is also submitted that the incident is nothing more than an imaginary and bogus crime scene, where the police party are said to have been fired upon with injury to no one. It is submitted that the applicant is not a member of any criminal gang. The criminal history in two cases shown against the applicant, being Crime nos.829 and 830 of 2020, are contemporaneous implications, relating to the same occurrence and is not at all a history of crime about the applicant. The applicant is a respectable man, who is in jail since 05.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the nature of allegations, in particular, the fact that the applicant has not been apprehended on the spot, the fact that there is no incriminating recovery, the fact that it is a case of no injury to police party, the fact that there are no independent witness of the public, the fact that the history of two cases shown against the applicant are nothing more than contemporaneous implications arising out of the same crime, the fact that the applicant is in jail since 05.02.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Monu alias Ashish, involved in Case Crime No.828 of 2020, under Section 307 IPC, P.S. Shikohabad, District Firozabad, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated and self attested copy of the order downloaded from the official website of High Court Allahabad.
(vii) The Court/Authority/Official concerned shall verify the authenticity of that computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 5.4.2021 Anoop