Hon'ble Vivek Kumar Singh released Manoj Sharma on bail in a bail application involving offences under Sections 394 and 411 IPC. The court addressed arguments regarding false implication and interim bail for another co-accused.
Released on bail on personal bond with two sureties in like amount under specified conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2563 of 2018
Applicant :- Manoj Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Shailendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Shailendra Singh, learned counsel for the applicant and Sri Purshotttam Maurya learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is further contended that the FIR was lodged against the applicant and four unknown persons The name of the applicant came into light after 9 days of the alleged occurrence during the course of investigation by the police. It is also contended that false recovery of one motorcycle, one country made pistol, two mobiles and Rs.60,000/- has been shown against the applicant, but there is no independent witness of the alleged recovery. It is pointed out that applicant has criminal history of several cases and in some of the cases he is on bail, which has been properly explained in paragraphs 12 to 16 of the affidavit filed in support of the bail application. Other co-accused Ranjan Singh has been released on bail by this Court on 21.2.2018, copy of which has been produced by the applicant's counsel which is taken on record. .Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.10.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the
witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Manoj Sharma involved in Case Crime No.0372 of 2017, under Sections 394, 411 I.P.C., Police Station Kothibhar, District Maharajganj 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
n case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 7.3.2018 IA
2 issues framed by the court
Whether the applicant is entitled to bail considering reasonable apprehension of tempering of witnesses and prima facie charge.
Whether the false implication of the applicant in the FIR warrants release on bail.
2 provisions across 1 enactments
Manoj Sharma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
