Manish @ Vikki @ Toota v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43096 of 2023 Applicant :- Manish @ Vikki @ Toota Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.124 of 2023 under Sections 395, 412 IPC Police Station G.R.P. Mathura Junction District Mathura.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant was not named in the FIR. The name of the applicant surfaced in the instant case in the statement of co-accusued Kamal Chauhan. One mangalsutra is said to have been recovered from the possession of the applicant. There is no public witness to the recovery. The applicant has no prior criminal history however after his implication in the instant case the applicant was implicated in one more case bearing Case Crime No. 115 of 2023 in which the applicant has been enlarged on bail by learned trial court itself. There is no cogent piece of evidence so as to connect the present applicant with the instant matter. Identically situated co-accused Shivam Katara has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 38556 of 2023 vide order dated

17.10.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused.The applicant is languishing in jail since 20.07.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account that the applicant was not named in the FIR. The name of the applicant surfaced in the instant case in the statement of co-accusued Kamal Chauhan, there is no public witness to the recovery of mangalsutra alleged to have been made from the possession of the applicant, identically situated co-accused Shivam Katara has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 38556 of 2023 vide order dated 17.10.2023 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Manish @ Vikki @ Toota be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(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 applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 19.10.2023 Nadeem High Court of Judicature at Allahabad