Allahabad High Court
Manoj Chaudhary @ Manoj Kumar vs State Of U.P. on 26 August, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30398 of 2021 Applicant :- Manoj Chaudhary @ Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Nitinjay Pandey Counsel for Opposite Party :- G.A.,Arvind Kumar Singh Hon'ble Samit Gopal,J.
Heard Sri Nitinjay Pandey, learned counsel for the applicant, Sri Arvind Kumar Singh, learned counsel for the first informant and Sri Pankaj Mishra, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Manoj Chaudhary @ Manoj Kumar, seeking enlargement on bail during trial in connection with Case Crime No.0454 of 2019, under Section 302, 201 I.P.C., registered at Police Station Souron, District Kasganj (Kashiram Nagar).
The prosecution case as per FIR lodged by the father of the deceased is that his son aged about 23 years received a phone call and thereafter he went on his motorcycle but did not return back till late and thereafter on 17.11.2019 at about 8 a.m., his dead-body was recovered at the road side. As per postmortem report, the cause of death was opined asphyxia as a result of ante-mortem strangulation and there were three injuries noted therein being two ligature marks and one multiple abrasion.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR which has been lodged against unknown person by Sanjeev Kumar, the father of the deceased. Subsequently after five months, an application was given by the first informant naming the applicant and co-accused Ravi Titi stating therein that the deceased was seen in the company of the said accused persons. It is further argued that in the statement recorded under Section 161 Cr.P.C. of the first informant, the applicant is not named therein also. After the said application was given by the first informant, the applicant and co-accused Ravi Titi have been made as accused wherein it has been stated that the accused might have killed the deceased which is also on the basis of suspicion. There is no recovery of any incriminating article either from the possession of the applicant or at his pointing out. The co-accused Ravi Titi has been granted bail by coordinate Bench of this Court vide order dated 21.1.2021 passed in Criminal Misc. Bail Application No.43668 of 2020, copy of the same is annexed as Annexure No.10 to the affidavit filed in support of bail application. It is further argued that the applicant is reported to be involved in six other criminal cases which have been disclosed and explained in para no.14 of the affidavit wherein the applicant has been falsely implicated. The applicant is in jail since 11.06.2021.
Per contra learned counsel for the first informant and learned A.G.A. opposed the prayer for bail and argued that on coming to know about the active involvement of the applicant, informed the police after which the applicant was made as an accused in the present case, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is not named in the FIR. There is no eye-witness to the murder. The present case is a case of circumstantial evidence. The name of the applicant has surfaced for the first time after five months in the application given by the first informant. Co-accused Ravi Titi whose case is identical to the case of applicant, has been granted bail by coordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Manoj Chaudhary @ Manoj Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 26.8.2021 Gaurav