Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3084 of 2018 Applicant :- Rizwan Mansoori @ Langara Opposite Party :- State Of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Girish Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is further submitted that the FIR is unduly delayed for which no plausible explanation has been given by the prosecution. The report was lodged against unknown persons and the applicant is not named therein. During the course of investigation the name of the applicant came into light and that too after six months of the alleged incident. The applicant is a handicapped person. It is pointed out that the applicant has criminal history of ten cases, but he is on bail in eight cases which has been properly explained in paragraph 14 of the affidavit filed in support of the bail application. False recovery of Rs.2000/- has been shown against the applicant which is his own money. It is further contended that co-accused Shvam Gupta has already been granted bail by this Court on 8.1.2018, copy of which has been produced by the applicant's counsel which is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 21.8.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant namely Rizwan Mansoori @ Langara involved in Case Crime No. 44 of 20117, under Sections 394. 411 I.P.C., Police Station Anwarganj, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 IA