In this bail application filed by Mangla Pasi regarding murder under IPC 302, the Hon'ble Court found it a fit case for bail without expressing an opinion on merits, directing release on personal bond and two sureties with standard conditions.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24001 of 2019
Applicant :- Mangla Pasi Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj Srivastava,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 704 of 2018, under Sections 302, 120-B, 34 I.P.C., Police Station- Civil Line, District- Prayagraj (Allahabad).
As per FIR version informant, Anil Kumar Yadav lodged a First Information Report on 24.12.2018 against some unknown persons with the allegation that on 24.12.2018, he along with one Amarjeet of his village was repairing the car in Pooja Enterprise. At about 1 p.m. while his elder brother, Vidya Sagar Yadav and driver Amarjeet were standing on the road then at about 1:30 p.m., two unknown persons came on the motor cycle and they shot fired upon his elder brother, Vidya Sagar and they ran towards Nawab Yusuf Road and his brother sustained two injuries of firearm.
Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in this case. He next submitted that the applicant is not named in the First Information Report; his name has come into light in the confessional statement of Sunil Yadav who has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 06.06.2019 passed in Criminal Misc. Bail Application No. 20305 of 2019. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 21.02.2019.
Learned A.G.A has vehemently opposed the prayer for grant of bail but accepted the averments made by learned counsel for the applicant.
Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mangla Pasi 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.6.2019 V.S.Singh
1 issue framed by the court
Whether the accused applicant is a fit case for release on bail.
Mangla Pasi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
