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Mohan Kumar Manga vs State Of U.P. on 21 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 17210 of 2019

Applicant :- Mohan Kumar Manga

Opposite Party :- State of U.P.

Counsel for Applicant :- Anil Mullick,Sharad Kumar Srivastava

Counsel for Opposite Party :- G.A.,Vikrant Rana

Hon’ble Sudhir Agarwal,J.

1. Heard Sri Sharad Kumar Srivastava, learned counsel for applicant, learned A.G.A. for State and Sri Vikrant Rana, Advocate, appearing for complainant.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 265 of 2018, under Sections 406, Section506 I.P.C., Police Station Lalkurti, District Meerut.

3. It is stated that allegations against applicant are false and baseless. As per prosecution case itself, informant is a jewellor and engaged in gold business who had given hold ornaments to applicant with an understanding that the amount will be paid back to applicant. The incident therefore relates to sale transaction and no case under Section 406 I.P.C. is made out. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 16.11.2018 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Mohan Kumar Manga, involved in Case Crime No. 265 of 2018, under Sections 406, Section506 I.P.C., Police Station Lal Kurti, District Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 21.11.2019

PS

 

 

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