Advocates:
['ANSHU SINGH', '', 'HEMENDRA PRATAP SINGH', 'G A']

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13633 of 2020

Applicant :- Manoj

Opposite Party :- State of U.P.

Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned

Additional Government Advocate representing the

State and perused the record of the case.

By means of this application, the applicant, who is

involved in Case Crime No. 654 of 2018, under

Sections 452, 324 and 308 IPC, police station

Khair, district Aligarh, is seeking enlargement on

bail during the trial.

It is submitted by learned counsel for the applicant

that the applicant is absolutely innocent has

falsely been implicated in the present case with

some ulterior motive. It is further submitted by

learned counsel for the applicant that on

13.10.2018 informant Laxman Gautam lodged

F.I.R. against ten persons including the applicant

alleging that in the incident dated 12.10.2018 two

persons namely, Devicharan Gautam and Savitri

Devi Gautam received injuries. Injury report

reveals that injuries are caused by hard and blunt

object. Injury No. 1 of Devicharan Gautam is

grievous in nature. Five injuries have been

received to Savitri Devi, out of which, injury No. 1

was kept under observation, but no supplementary

report has been prepared. It is next submitted by

learned counsel for the applicant that from the

side of applicant also F.I.R. was lodged on

16.10.2018 as Case Crime No. 658 of 2018 under

Sections 147, 148, 149, 323, 324, 452, 504 and

506 IPC, police station Khair, district Aligarh

against seven persons

including Devicharan

Gautam and Smt. Savitri for the occurence took

place on 12.10.2018, in which two persons,

namely, Tejpal (brother of the applicant) and

Madhav (cousin of the applicant) received injuries.

Injury No. 1 of injured, Madhav is grievous in

nature as his left parietal bone has been found

fractured. It is next contended that there is no

chance of the applicant of fleeing away from the

judicial process or tampering with the prosecution

evidence. It is also submitted that the applicant

has no criminal antecedent to his credit and is

facing detention since 12.2.2020. Learned counsel

for the applicant lastly submitted that if the

applicant is released on bail, he will not misuse the

liberty of bail and will cooperate in the early

disposal of the case.

Per contra learned A.G.A. has opposed the bail

prayer of the applicant by contending that the

innocence of the applicant cannot be adjudged at

pre trial stage therefore, the applicant does not

deserve any indulgence. In case the applicant is

released on bail he will misuse the liberty of bail.

Keeping in view the nature of the offence,

evidence, complicity of the accused, submissions

of the learned counsel for the parties, I am of the

view that the applicant has made out a fit case for

bail. Hence, the bail application is hereby allowed.

Let the applicant Manoj 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 shall file an undertaking to the

effect that he shall not seek any adjournment on

the dates 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.

(ii) The applicant shall remain present before the

trial court on each date fixed, either personally or

through his counsel. In case of his absence,

without sufficient cause, the trial court may

proceed against him under Section 229-A of the

Indian Penal Code.

(iii) In case, the app