Single Judge of the Allahabad High Court allowed bail to the applicant in a criminal proceedings for kidnapping under Section 366 IPC, discharging the requirements of a personal bond and two sureties subject to specific conditions to prevent tampering with evidence.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15541 of 2022
Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Akash Dwivedi,M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri M.P.S. Chauhan, learned counsel for the applicant, Mohd. Shoeb Khan, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant, namely, Manoj with a prayer to release him on bail in Case Crime No.0493 of 2018, under Section 366 I.P.C., Police Station- Gabhana, District- Aligarh during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with ulterior motives. He further submitted that the applicant is not named in the first information report, his name come from the first time in the statement of co-accused- Smt. Devendri Devi. He next submitted that on the basis of statement of the coaccused, the applicant cannot be convicted in the present case. He also submitted that the co-accused persons, namely, Devendri Devi and Narendra Singh have released on bail in Criminal Misc. Bail Application Nos. 27006 of 2019 and 26718 of 2019. The applicant's case is on better footing to that of the aforesaid co-accused persons. He also submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 21.06.2021 and there is no crimial antecedents against the applicant.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence,
complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant- Manoj involved in aforesaid case be released on bail on 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 of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 9.5.2022 Rameez
Digitally signed by RAMEEZ AHMED Date: 2022.05.09 17:47:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the circumstances of the case.
Manoj
State of U.P.
Chandra Kumar Rai
As recorded by the court registry
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