Allahabad High Court
Manoj Kumar vs State Of U.P. on 8 April, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 3348 of 2021
Applicant :- Manoj Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Kapil Dev Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-19 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Manoj Kumar, involved in Case Crime No.1326 of 2020, under Sections 408, 120-B, 203, 411 IPC., Police Station Kotwali Sadar, District Kheri.
Heard learned counsel for applicant, Shri Diwakar Singh, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Learned counsel further submits that the applicant is not named in the FIR and his name was surfaced in the confessional statement of main accused Gaurav. Learned counsel further submits that a false recovery of Rs.15,000/- has been shown from the house of the applicant. Learned counsel further submits that co-accused Ajaz has already been granted bail by coordinate Bench of this Court vide order dated 06.04.2021 in Bail Application No.2531 of 2021 from whose possession Rs.35,0000/- was recovered. Learned counsel for the applicant further submits that although a criminal history of only one case under Arms Act has been shown against the applicant but the applicant is on bail in that case which has been explained in para 25 of the affidavit accompanying the application. Learned counsel further submits that the applicant is a law abiding person, languishing in jail since 24.12.2020 and if he is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Manoj Kumar involved in the aforesaid case crime 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 :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant 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 against him in accordance with law.
Order Date :- 8.4.2021
P.s.
