In this criminal bail application under U/s 147, 148, 149, 302, 120-B IPC, the High Court enlarged the applicant on bail. The court noted a lack of evidence regarding conspiracy and released the applicant on personal bond and two sureties subject to standard conditions.
Released on bail by furnishing personal bond and two sureties in like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44384 of 2019
Applicant :- Manish Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Achal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri P.K. Singh, learned counsel for the applicant, Sri D.K. Singh, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 196 of 2019, u/s 147, 148, 149, 302, 120-B IPC, P.S. Chandauli, District Chandauli with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in this case; it is alleged in the F.I.R. that he has taken part in the incident and in the statement of the witnesses, however, during investigation, some of the witnesses have stated that the applicant was having strong enmity with the deceased and he after hatching conspiracy has got the deceased murdered. Learned counsel states that except suspicion there is no evidence of conspiracy against the applicant; he has no criminal history.
Per contra learned counsel for the informant has opposed the prayer for bail. However he could not point out a single circumstance by which it can be inferred that the applicant was involved in hatching conspiracy to eliminate the deceased.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Manish Kumar Yadav involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the
trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The case of the applicant is distinguishable from those who had actively taken part in the incident.
Order Date :- 24.10.2019 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to bail considering the allegations of conspiracy and murder.
Manish Kumar Yadav
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
