Case :- CRIMINAL MISC. BAIL APPLICATION No.…
Released on bail by furnishing a personal bond and two heavy sureties each.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24120 of 2021
Applicant :- Manish Thakur Opposite Party :- State Of U.P Counsel for Applicant :- Raj Kumar Singh,Anup Swaroop Srivastava Counsel for Opposite Party :- G.A.,Zafar Abbas
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. FIR was lodged by first informant against one Rocky alleging that on 22.12.2020 at 9.45 P.M,. said Rocky has fired a bullet at his brother Ravi (deceased) and resultantly he died at spot. It has been submitted that applicant is not named in FIR and that in the FIR, it was categorically mentioned by the informant that murder of deceased has been committed by said Rocky. Learned counsel has submitted that during investigation, in his statement under section 161 Cr.P.C., first informant has developed another version by stating that he has lodged FIR against Rocky at the instance of some other persons and in fact applicant/accused Manish Thakur has committed murder of deceased, as the deceased was having an affair with sister of applicant. It has been pointed out that in his statement also the first informant has stated that he suspects that murder of deceased has been committed by applicant. There is no eyewitness of alleged incident. Learned counsel has submitted that allegation that the deceased was having relationship with sister of applicant is thoroughly false. Learned counsel has also
referred the statement of one Sobhit Thakur, who has merely alleged that deceased was having relationship with sister of applicant and that statements of one Guddu Singh and Smt. Sarvesh (sister of deceased) were also referred, who have stated that before alleged incident, applicant was seen near the spot, however, none of them is eye-witness of alleged incident. The alleged recovery of country made pistol shown from applicant is false and baseless and that no independent witness of alleged recovery has been shown. It has been submitted that the applicant is languishing in jail since 04.01.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that there is evidence that deceased was having an affair with sister of applicant and that murder of deceased has been committed due to that reason. It has been submitted that though, FIR was lodged against said Rocky but during investigation, involvement of applicant was found. Learned counsel for the first informant has also referred statement of sister of deceased, who has inter-alia stated about presence of applicant at spot at the time of alleged incident. The C.C.T.V. footage was also referred, wherein, presence of applicant has been shown near the spot. However, it could not be disputed that there is no eye-witness of alleged incident.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Manish Thakur involved in Case Crime No.1186 of 2020, under Section 302 IPC, P.S. Katghar, District Moradabad, be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.11.2021 Neeraj
Digitally signed by RAJBEER SINGH Date: 2021.11.24 14:23:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail can be granted to an accused in a murder case where the accused is in custody and alleges innocence.
Whether the caseout for bail is established considering the alleged motive and lack of eye-witness.
Manish Thakur
State Of U.P
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
