H.C. MANOJ KUMAR PATEL vs THE STATE OF UTTAR PRADESH - 2024-02-15

JUDGMENT

IA No. 220068/2023 - EXEMPTION FROM FILING O.T.)

Date : 15-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Gaurav Agrawal, Sr. Adv.

Mr. Ejaz Maqbool, AOR Mr. Saif Zia, Adv.

For Respondent(s) Ms. Tulika Mukherjee, AOR Mr. Beenu Sharma, Adv.

Mr. Venkat Narayan, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Heard Mr. Gaurav Agarwal, learned Senior Counsel appearing for the petitioner. The State of Uttar Pradesh is represented by Ms.

Tulika Mukherjee, learned counsel.

2. Notice in this case was issued on 30.10.2023, with the following order:-

“Heard Mr. Saif Zia, learned counsel appearing for the petitioner. The counsel submits that the High Court should have considered the parity bail for the petitioner as the co-accused – Kameshwar Mishra was granted bail and specific plea was raised in that regard. It is further pointed out that the petitioner is in custody since 07.03.2023 and the chargesheet in this case has been filed.

Issue notice, returnable in three weeks.

The petitioner is permitted to serve Dasti notice additionally, to the Standing Counsel for the State.”

3. The senior counsel would point out that 18 prosecution witnesses have been cited and since supplementary chargesheets are also proposed to be filed against the petitioner, the Trial is unlikely to commence on a near date. The counsel would highlight the fact that while the petitioner is a Head Constable, his superior i.e., Mr. Kameshwar Kumar Mishra, the Sub Inspector of Police was granted bail by the Allahabad High Court on 02.08.2023, after remaining in jail only for a period of 3 months. On the other hand, the petitioner has been in custody for about 11 months.

4. To oppose bail , Ms. Tulika Mukherjee, learned counsel would submit that the petitioner cannot be compared with the co-accused as he had been posted in the concerned office for a longer period and he had the opportunity to deal with many more passports, as compared to the co-accused. It is then submitted that following further investigation, two supplementary chargesheets in the case have been filed on 27.06.2023 and 04.11.2023 and those would indicate the role of the Head Constable with the crime alleged in the FIR No.215 of 2023.

5. Considering the rival submission and the duration of custody, we deem it appropriate to grant bail to the petitioner. Accordingly the petitioner (H.C. Manoj Kumar Patel) be released on bail in connection with the case arising out of FIR No. 215/2023. The petitioner is expected to cooperate with the further investigation as the investigation is still continuing, as submitted by the State counsel. The other appropriate bail condition be imposed by the learned Trial Court.

6. With the above order, the Special Leave Petition is disposed of. Pending application(s), if any, stand closed.

(DEEPAK JOSHI) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR