BA1/1189/2016 of Manoj Kumar Alias Mannu Vs State Of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND ATNAINITAL

1[st] Bail Application No. 1189 of 2016

Manoj Kumar @ Mannu

….…… Applicant versus

State of Uttarakhand ...…….. Respondent

With

1[st] Bail Application No. 1190 of 2016

Keshav Sharma @ Rahul

….…… Applicant versus

State of Uttarakhand ...…….. Respondent

Mr. R.S. Sammal, Advocate along with Mr. Pankaj Kapil, Advocate for the applicant.

Mr. H.O. Bhakuni, A.G.A. along with Ms. Shruti Joshi, Brief Holder for the State.

Mr. Navnish Negi, Advocate for the complainant.

U.C. Dhyani, J. (Oral)

Applicants-Manoj Kumar@Mannu and Keshav Sharma@ Rahul who are in jail in connection with Case Crime No. 42 of 2016, relating to offences punishable under Sections 364-A, 392 & 120-B of IPC, registered Police Station-Prem Nagar, District Dehradun, have sought their release on bail.

2. Connected bail application no. 1190 of 2016 is of the same theme, hence the same is also being decided together for the sake of brevity and convenience.

3. Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application.

4. First information report was lodged on 19.02.2016 against unknown person(s) for abduction of friend of the informant under Section 364 IPC at Police Station Premnagar, Sadar, Dehradun.

5. The victim stated, in his statement under Section 161 Cr.P.C., that no ransom was paid. He also did not sustain any injury.

6. Learned counsel for the complainant, as also learned counsel for the State, opposed the bail inter alia on the ground that Vinay Tyagi is absconding and if present applicants are also granted bail, then it will be difficult for the Investigating Agency to apprehend the main accused, inasmuch as all the accused persons belong to other State.

7. It is the submission of learned counsel for the applicants that applicants are ready to furnish reliable sureties to the satisfaction of Magistrate concerned, if they are granted bail.

8. Co-accused Vinay Tyagi and Mamta Masih were granted bail by this Court vide orders dated 29.8.2016 and 31.8.2016.

9. This Court is, therefore, of the opinion that present applicants should also be released on bail on the ground of parity.

10. Let the applicants be released on bail on their each executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of the Magistrate concerned.

11. If at any point of time, it is found that the applicants are misusing the bail, the learned Court below shall be at liberty to cancel their bail in accordance with law.

Pooja

(U.C. Dhyani, J.)

05.10.2016