Manish Singh And Another vs State Of U.P.
2016 Latest Caselaw 6935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38788 of 2016
 

 
Applicant :- Manish Singh And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amit Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Harsh Kumar, J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants contended that the applicants have falsely been implicated on the basis of  recovery of thirty A.T.M Cards, six mobile-phones, Rs. 19,000/- cash and two motorcycles from the joint possession of the applicants on 22.06.2016, which has been falsely planted of which there is no independent witness; that the alleged recovered materials have not been connected with any case of theft; that the applicant no. 1 was falsely implicated in one Case Crime No. 512 of 2014, in which he has been granted bail vide  order dated 12.01.2015, by the Sessions Judge, Pratapgarh, copy of which is at Annexure - 02; that apart from the above, the applicants have no previous criminal history; that the applicants undertake that they will not make misuse the liberty of bail; that the applicant is in custody since 22.06.2016.

Learned A.G.A. opposed the prayer of bail.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicants ? Manish Singh and Mumma @ Ashok Nai be released on bail in Case Crime No. 236 of 2016, under Sections 419, 420, 411, I.P.C & Section 66 of Information & Technology Act (I.T. Act), Police Station - Sarai Inayat, District Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-

i. The applicants will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.

ii. The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

iii. The applicants will not indulge in any unlawful activities.

iv. The applicants will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 09.11.2016

Vinod.