Allahabad High Court
Ashish Singh @ Mannu vs State Of U.P. on 8 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 5031 of 2019
Applicant :- Ashish Singh @ Mannu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the accused-applicant Ashish Singh @ Mannu in Case Crime No. 103 of 2019, under Section 2/3 of U.P. Gangster Act, Police Station Mohanlalganj, District Lucknow during pendency of trial.
Learned counsel for accused-applicant while pressing the bail application submitted that that accused-applicant has been falsely implicated in the present case in the three cases mentioned in the Gang Chart contained in Annexure-2 of this application. In those cases, he has already on bail vide order contained in Annexure nos. 5, 6 and 7 of this application.
It has been further submitted by learned counsel that accused-applicant is in jail since 26.02.2019 and if facility of bail is granted, there is no apprehension that they will flee from the judicial process and they will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.
Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.
Keeping in view the submissions of learned counsel for the accused-applicant and learned A.G.A., the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicants have made out a case for bail. The bail application is allowed.
Let the applicant Ashish Singh @ Mannu involved in the aforesaid case crime number 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 8.7.2019
Vikram/-
