Allahabad High Court
Mannu Kumar @ Raja vs State Of U.P. on 21 June, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19762 of 2022 Applicant :- Mannu Kumar @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Dinkar Lal,Rajesh Kumar Kanojia,Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent having no criminal history and have been falsely implicated in this case. It is further submitted that the date and time of the occurrence has not been mentioned in the first information report nor the delay in lodging of the F.I.R has been explained anywhere. In the statements of the victim recorded under sections 161 Cr.P.C. and 164 Cr.P.C., the date of occurrence has also not been mentioned and there are material contradictions in the statements of the informant/prosecutrix. It is further submitted that medical report does not disclose any offence of rape committed by the applicant upon the informant.
It is next submitted by the learned counsel that role of present applicant is similar to co-accused Anees who has already been enlarged on bail by coordinate Bench of this Court vide order dated 19.4.2022 passed in Criminal Misc. Bail Application No. 52909 of 2021 (copy whereof is produced before the Court is taken on record) and as such the applicant is also entitled to bail on the ground of parity. Learned counsel for the applicant lastly submitted that the applicant is in jail since 10.12.2021 and if he is released on bail, he will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Mannu Kumar @ Raja be released on bail in Case Crime No.710 of 2021, under sections 376, 328, 506 IPC, Police Station Kankar Khera, District Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i)The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the 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 :- 21.6.2022 SFH