Maneesh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19773 of 2023 Applicant :- Maneesh Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Raghuvanshi,Rajeev Sawhney Counsel for Opposite Party :- G.A.,Ram Raj Pandey,Shubham Pandey Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Sri Anjani Kumar Raghuvanshi and Sri Rajeev Sawhney learned counsel for the applicant, Sri Shubham Pandey, learned counsel for the informant, learned A.G.A for the State and perused the record.

¶2Initially Magan Singh, father of Robin lodged a missing person report with the police of police station Suraj Pur, District-Gautam Buddh Nagar on 28.02.2022 alleging therein that his son Robin has gone missing. Subsequently F.I.R. was lodged by the first informant Sri Phireram (uncle of the deceased), on 01.03.2022 with regard to the incident alleged to have taken place in the night of 27/28.02.2022, wherein, Subodh, Sagar and Ravi have been nominated as an accused as well as family members of the named accused have also been arraigned as accused with the allegations that in the night of 27/28.02.2022 at around 10.30 PM, Robin son of Magan Singh went out of his home on the alleged phone call of the mother of Subodh. However, Robin did not return home. The F.I.R. further states that on the same night, a white coloured Swift Car was seen being driven rashly wherein three persons, namely, Subodh, Sagar and Ravi were seated. F.I.R. concludes with the allegation that first informant has an apprehension that his nephew namely Robin has been kidnapped and put to death.

¶3Learned counsel for the applicant submits that the applicant is not named in the F.I.R. and his named as well as unnamed accused persons namely, Anju and Monika were surfaced in the statements of witnesses. Learned counsel further submits that the applicant has no concerned either the named accused persons or with the deceased and that there is no evidence against the applicant to connect him complicity of alleged offence. No motive has been assigned to the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel further submits that the co-accused Monika had an affair with the deceased Robin and she has been enlarged on bail by co-ordinate Bench of this Court vide order dated

27.05.2022 passed in Criminal Misc. Bail Application No.21397 of 2022, copy of which is annexed as Annexure-8 to the affidavit accompanying the bail application. Learned counsel also argued that the material witnesses have already been examined before the trial Court thus there are no chance to tamper the witnesses, therefore the applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 05.03.2022, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.Learned counsel for the informant further submits that the applicant is the friend of the named accused persons thus the applicant is also involved in commission of alleged offence therefore, the applicant is not entitled for bail.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant Maneesh involved in Case Crime No.137 of 2022 under Sections 364, 302, 201, 120B I.P.C., Police Station Surajgpur, District Gautambudh Nagar, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the 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 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.

¶7The 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 in accordance with law.

¶8The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The bail application is allowed. Order Date :- 28.10.2023 S.Ali High Court of Judicature at Allahabad