Single judge allowed a bail application for an applicant accused under various sections of IPC and Excise Act, directing his release on personal bond and sureties with specific conditions regarding court attendance and police station reporting.
Release of applicant on bail on furnishing a personal bond and two sureties each in like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18641 of 2019
Applicant :- Munesh Opposite Party :- State Of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Radhey Shyam Shukla, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Munesh with a prayer to release him on bail in Case Crime No. 338 of 2018, under Sections 147, 148, 149, 307, 332, 353, 186, 342, 420, 467, 468, 471, 427, 120-B I.P.C. and Section 7 Criminal Law Amendment Act and Section 60/63 Excise Act, Police Station- Ram Chandra Mission, DistrictShahjahanpur , during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The co-accused persons, namely, Dataram and Kamal have been granted bail by this Court vide order dated 22.04.2019 and 29.04.2019 passed in Criminal Misc. Bail Application Nos. 16295 of 2019 and 17795 of 2019, respectively, copy of which orders have been passed on to the Court today are kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 08.03.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without
expressing any opinion on the merits of the case, let the applicant involved in the 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 :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall personally appear once in the first week of every month in the concerned Police Station. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.3 as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. 3 provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 2.5.2019 JK Yadav
2 issues framed by the court
Whether the applicant should be released on bail during pendency of trial.
Whether the parity of grant of bail to co-accused entitles the applicant to bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Munesh
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
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