Allahabad High Court
Manoj Kumar vs State Of U.P. on 18 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:180367
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40788 of 2024
Applicant :- Manoj Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna
Counsel for Opposite Party :- G.A.,Rohit Singh
Hon'ble Vikas Budhwar,J.
1. Pursuant to the order of the Hon'ble Chief Justice, the matter is before this Court.
2. The matter was listed on 13.11.2024 and the following orders were passed:
"1. As prayed, put up tomorrow i.e. on 14.11.2024, as fresh.
2. Learned counsel for the applicant shall inform Sri Rohit Singh, who appears on behalf of opposite party about passing of the order passed today in writing. "
3. Thereafter, on 14.11.2024, the following order was passed:
"1. Yesterday when the matter was taken up in revised list though the learned counsel for the applicant and AGA was not present.
2. This Court required the learned counsel for the applicant to communicate the said order.
3. Today Shri Pandey Balkrishna has produced this Court the copy of the whatsapp message sent to the learned counsel for the informant and he has made a statement at bar that the learned counsel for the informant switched off his mobile and he is avoiding proceedings before this Court.
4. In the interest of justice, put up this case as fresh on 18.11.2024 at 2.00 pm.
5. Learned counsel for the applicant shall inform Shri Rohit Singh again, in case, Shri Rohit Singh does not appear post recess on Monday then this Court will constrain to hear the bail application.
6. The mention slip along with the copy of the order and the downloaded copy of the message sent to the whatsapp is marked as Appendix-A."
4. Today again, the matter was taken up post recess at 02:00PM. The counsel for the informant, Sri Rohit Singh is not present in Court. Thus, the Court is proceeding to decide the matter.
5. Heard Sri Pandey Balkrishna, learned counsel for the applicant and the learned AGA for the State.
6. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Manoj Kumar for enlarging him on bail in Session Trial No.1692 of 2021 arising out of Case Crime No.280 of 2021 for the offence under Sections 148, 307/149, 323/149, 325/149 I.P.C., registered at Police Station- Shikarpur, District- Bulandshahr.
7. The bail application so preferred by the applicant has been rejected by the court below on 24.10.2024.
8. Learned counsel for the applicant has argued that the first information report has been lodged by Brajpal Singh against the applicant and five others at police station Shikarpur, Bulandshahr being FIR No. 0280 of 2021 on 07.07.2021 regarding commission of the offence with the allegation that on a fateful day at about 08:00PM on 06.07.2021, the son of the comlainant- Tinku was coming from the field after sprinkling water, the applicant acted as a gang and attacked with sharp-edged weapons due to which the informant sustained injuries.
9. Learned counsel for the applicant further argued that the applicant has been falsely implicated in the present case and he is languishing in jail since 10.10.2024. According to him, the applicant possess as many as criminal history of five cases: 1) Case Crime No.284 of 2018 under Sections 323, 498-A & 506 IPC and Sections 3/4 of Dowry Prohibition Act, in which he has been enlarged on bail on 07.02.2024 by the court below; 2) Case Crime No.28 of 2009 under Sections 393, 307/34 IPC, in which the applicant has been acquitted vide judgment and order dated 18.02.2010 by the court below; 3) Case Crime No.1565 of 2017, under Sections 323, 506 IPC in which the applicant has been enlarged on bail vide order dated 09.10.2024; 4) Case Crime No.417 of 2016, under Sections 323, 452, 498-A, 504 IPC and Sections 3/4 of DP Act, in which by the order of this Court dated 26.07.2018 passed in Application u/s 482 No.25192 of 2018, the entire proceedings of the aforesaid case were quashed and; lastly 5) Case Crime No.286 of 2016, under Sections 323, 504, 506 IPC, though the applicant was initially acquitted vide order dated 11.07.2024 by the court below but on challenge to the same in appeal, he got convicted and now on a subsequent challenge in Criminal Revision No.455 of 2023, he has been released on bail in the aforesaid case. He further submits that even one of the co-accused Prashant Sharma has been granted bail by this Court vide order dated 02.03.2022 in Criminal Misc. Bail Application No.51425 of 2021.
10. Countering the said submission, the learned A.G.A. submits that cognizable offences are made out, however, he could not dispute the fact that the applicant has properly explained the criminal history and the co-accused has been enlarged on bail.
11. Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as the applicant has explained criminal history satisfactorily and in the aforesaid cases the applicant has been enlarged on bail and is languishing in jail since 10.10.2024, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
12. These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
13. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
14. Let the applicant- Manoj Kumar involved in aforesaid 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 that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
16. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 18.11.2024
P Kesari
