Kailash @ Manveer Vs State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9921 of 2020

Applicant :- Kailash @ Manveer Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Kailash @ Manveer in connection with Case Crime No.445 of 2019, under Sections 420, 467, 468, 471 I.P.C., P.S. Gunnaur, District Sambhal.

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As per the prosecution case, the insurance company provides the amount in favour of the nominee of the insurer after verifying the documents of the policy holders. It was also mentioned in the first information report that the accused persons by providing forged death certificate of the policy holders made an attempt to get the amount of insurance. The first information report was lodged by the Manager of Aditya Birla Sunlife Insurance Company.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that the name of the applicant has surfaced during investigation. An attempt was allegedly made by the named accused persons to withdraw the amount on the basis of forged death certificates. No money was actually withdrawn by the named accused persons and the named accused has already been admitted to the concession of bail by another Bench of this Court by order dated 10.12.2019, 16.12.2019, 03.01.2020 passed in Criminal Misc. Bail Application Nos.52826 of 2019 (Deepak Kumar alias Deepak Gupta), No.55782 of 2019 (Smt. Munni Devi) and No.57402 of 2019 (Kamlesh Kumar) respectively. He claims parity. He submitted that the applicant is languishing in jail since 19.01.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Kailash @ Manveer involved in the aforesaid crime be released on bail on executing a personal bond and

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furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 5.3.2020

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R./

Kailash @ Manveer v. State of U.P.

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Kailash @ Manveer v. State of U.P.

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