Manish @ Manish Sharma and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. -15 Case :-CRIMINAL MISC. BAIL APPLICATION No. -9370 of 2024 Applicant :-Manish @ Manish Sharma And Another Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :-Dinesh Pratap Singh Counsel for Opposite Party :-G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 168 of 2024, under sections 221 / 121 (1) /132 /125 / 109 /324(4) of the B.N.S., Police Station-Aasiwan, District-Unnao. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He added that though the applicants are named in the first information report, but, there is no independent public eye witness of the offence. He next added that the injuries were kept under observation, wherein X-ray reports are evident that there was fracture on the body of the injured persons and there are simple injuries of abrasions and contusions. He submits that due to scufÒe in between the parties, within spur of moment, the injured slipped and fell down from the roof and has received injuries and there was no intention to kill the injured. He further added that the police without collecting any cogent piece of evidence against the applicant, has filed the chargesheet, though there is no truthfulness in the same. He has also shown other falsity in the story of the prosecution and submits that the applicants are the law abiding citizens and they are languishing in jail since 05-07-2024 and they undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicants and as such, they are not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 05-07-2024; there is no independent public witness of the offence; the injuries are simple in nature and the applicants have undertaken that if they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicants-Manish @ Manish Sharma and Pappu Sharma @ Shravan Kumar, involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

(1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

(3) The applicants 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.; and

(4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 19.12.2024 AKS High Court of Judicature at Allahabad, Lucknow Bench