Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45049 of 2018 Applicant :- Manager Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar 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.
According to prosecution case, F.I.R. was lodged on 26.6.2018 after three days of the incident against seven accused persons, namely Ravi Pratap Tiwari, Arvind Tiwari, Manejar Singh, younger son of Ravi Pratap, Nitesh Tiwai, Jhurry Tiwai and Rana Pratap Singh alleging that on 23.6.2018 they assaulted Shuvnarain by spade. He received one head injury and due that injury he died. During investigation, it was found that Arvind and Nitesh Tiwri had assaulted the deceased.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Rana Pratap Singh and Nitesh Tiwari and Jhurry Tiwari, who have already been enlarged on bail by coordinate Bench of this Court vide order dated 25.9.2018 and 25.10.2018 in Criminal Misc. Bail Application Nos. 35672 of 2018 and 39010 of 2018, hence the applicant is also entitled to bail on the ground of parity; the applicant has been falsely implicated in the present case. He is languishing in jail since 18.8.2018 (more than three months); having no criminal history; specific role of causing injury to the deceased has been assigned two co-accused Arvind and Nitesh; there is no independent witness; 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. and admitted that the applicant has no criminal history and the case of the applicant is identical to above co-accused-Rana Pratap Singh, Nitesh Tiwari and Jhurry Tiwari, who have 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 Manager Singh involved in Case Crime No.121 of 2018, under Section 147, 148, 149, 302, 504, 506 IPC, Police Station Madanpur, District Deoria 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 :- 29.11.2018 OP