The High Court granted bail to the applicant who was accused of throwing bricks and stones on police personnel. The order was based on parity with co-accused already released on bail, without expressing an opinion on the merits of the case.
Released on bail upon executing a personal bond and furnishing two sureties each, subject to standard conditions.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3578 of 2018
Applicant :- Maneesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against twelve persons and unknown persons including the applicants alleging that they were throwing bricks and stones on the police personals who received injuries but simple in nature.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is general allegation against the applicant; offence levelled against the applicant is not attracted in the present case; injuries found on the body of the injured are simple in nature; there was no independent witness against the applicant; the co-accused Amit Kumar, Virendra, Rakesh Kumar, Mohit and Adesh have already been enlarged on bail by this Court vide order dated 16.01.2018 passed in Criminal Misc. Bail Application No. 1837 of 2018, copy of which has been taken on record; the role of the applicant is identical to that of the coaccused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.10.2017 (more than two and half month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Maneesh Kumar involved in the Case Crime No. 675 of 2017, under Sections 147, 148, 149, 332, 353, 504, 506, 307, 336, 427, 392 IPC and Section 7 of Criminal Law Amendment Act, P.S. Rasoolabad, District Kanpur Dehat be released on bail on their executing a personal bond and furnishing 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 witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 1.2.2018 A. Tripathi
1 issue framed by the court
Whether a bail application filed under the Indian Penal Code should be considered for granting release.
Maneesh Kumar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
