In Criminal Misc. Bail Application No. 11462 of 2021, the Court granted bail to Man Singh, who was summoned under Section 319 Cr.P.C. The Court found the case fit for bail considering that other accused are on bail and the applicant has no criminal history.
Released on bail on a personal bond and two sureties in the like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11462 of 2021
Applicant :- Man Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur,Anil Kumar Srivastava (Senior Adv.),Manoj Kumar Srivastava,Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Mahendra Tripathi
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant and learned counsel for the opposite party who are present virtually through video conferencing and learned A.G.A. for the State who is present in the Court and perused the record.
This bail application has been given by the accused applicant Man Singh in Case Crime No. 178A of 2014, under Sections 147, 148, 149, 307, 304, 323, 504, 325, 324 I.P.C., P.S.Fatehabad, District - Agra.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that against chargesheeted accused persons trial proceeded, thereafter, the accused applicant was summoned under section 319 Cr.P.C. Further submission is that the other accused persons against whom charge sheet was submitted have already been released on bail, the accused applicant has been falsely implicated and it is why, he was exonerated by the I.O. during investigation, subsequently, in order to implicate him, the witnesses gave statement against him, thereafter, the accused applicant was summoned. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 22.01.2021 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail but he has not disputed the fact that the accused applicant has been summoned under section 319 Cr.P.C. He has however argued that F.I.R. was also registered against the accused applicant but I.O. has exonerated him during investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the charge-sheeted accused persons have been released on bail, the accused applicant has been summoned under section 319 Cr.P.C. and considering the entire facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Man Singh be released on bail in Case Crime No. 178A of 2014, under Sections 147, 148, 149, 307, 304, 323, 504, 325, 324 I.P.C., P.S.- Fatehabad, District - Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.6.2021
Bhanu
2 issues framed by the court
Whether the accused applicant, summoned under Section 319 Cr.P.C. and lacking criminal history, is entitled to bail.
Whether the fact that other charge-sheeted accused persons have been released on bail is a relevant circumstance for granting bail to the applicant.
Man Singh
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
