Court No. 68 granted bail to Manoj Kumar Singh charged under Section 306 IPC for abetment to suicide. The court found it a fit case for bail noting the co-accused with an identical role had already been released, ordered upon furnishing bond and sureties.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50538 of 2019
Applicant :- Manoj Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Rathore Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by widow of the deceased naming all the officers of PWD and electricity department.The deceased was registered contractor in PWD department, who was working by e-tendering process. It is contended that he was personally disturbed on account of various professional factors. There is nothing on record to show any abatement on the part of the applicant. The deceased unfortunately on 28.8.2019 had committed suicide by shooting himself in the office of PWD department on account of recovery of Rs. one Crore against him of electricity department.There is general role attributed against the applicant and all the accused persons on the alleged act of abatement but there is no specific role has been executed against the applicant for goading. It has further been submitted that the applicant has not compelled the deceased to commit suicide. False allegation has been made against the applicant. Co-accused Ashutosh Singh having identical role has already been released on bail by another bench of this Court vide order dated 13.11.2019 in Criminal Misc. Bail Application No. 47222 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 31.8.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Ashutosh Singh having identical role has already been released on bail.
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 Manoj Kumar Singh involved in Case Crime No. 1134 of 2019, under Section 306 IPC, P.S. Cantt, District Varanasi 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 conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.11.2019
A.
1 issue framed by the court
Whether the applicant is entitled to bail in favour of parity with co-accused released earlier.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 47222 of 2019Referred¶6
Manoj Kumar Singh
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
