Manoj Kumar @ Banty vs State Of U.P.

Om Prakash Tripathi, J

Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.

Applicant seeks bail in Case Crime No. 187 of 2021, under Sections 395 and 412 IPC, Police Station Ekdil, District Etawah, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is not named in the FIR. It is also submitted that from the possession of the applicant, Rs. 1,50,000/-, one chain and one ear ring have been recovered. It is further stated that co-accused person, namely, Ravi Kumar, Vijay Kumar @ Beetu, Satyaveer Singh @ Pinki Yadav @ Saurabh have already been granted bail by the co-ordinate Benches of this Court vide orders dated 24.11.2021, 31.01.2022 and 24.01.2022, passed in Criminal Misc. Bail Application Nos.38271 of 2021, 45477 of 2021 and 412 of 2022 respectively. The case of the applicant is identical to the case of the co-accused persons. It is also submitted that the applicant has criminal history of 10 cases, which has been explained in para-3 of the supplementary affidavit. The applicant is languishing in jail since 05.07.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but fairly conceded the submissions of the learned counsel for the applicant that similarly situated co-accused has already been granted by this Court.

Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without expressing any opinion on merits of the case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the applicant, Manoj Kumar @ Banty, involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

The applicant shall remain present, in person, before the trial court at the time of recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.