Allowed

Munna Alias Ali Mohammad v. State of U.P.

Allahabad HC11 Apr 2018BAIL/11625/2018

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application filed by Munna Alias Ali Mohammad in a non-bailable case involving dowry harassment and alleged rape, finding sufficient grounds for bail despite the serious nature of charges.

What did the court decide?

Applicant allowed bail on furnishing a personal bond and two sureties with strict conditions regarding attendance and prohibition of adjournments during evidence.

Munna Alias Ali Mohammad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 54

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11625 of 2018

¶3

Applicant :- Munna Alias Ali Mohammad Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicant, learned AGA and perused the record.

¶6

By means of this application, the applicant who is involved in Case Crime No. 815 of 2017, under Sections 498A, 323, 504, 354, 376, 511 I.P.C. and 3/4 D.P. Act, Police Station Machhali Shahar, District Jaunpur, is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant in support of his application for bail submits that the applicant is Jeth of the victim. Initially, the F.I.R. was lodged under Sections 4908A, 323, 504, 354 I.P.C. and Section 3/4 Dowry Prohibition Act against the applicant. Thereafter in her statement recorded under Section 161 Cr.P.C., the victim made the allegation of rape against the applicant only for the purpose of the harassment and only with a view to rope the entire family members in the present case. It is further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is in jail since 15.2.2018.

¶8

Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

¶10

Let the applicant Munna Alias Ali Mohammad be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶11

(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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

¶12

TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶13

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

¶14

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶15

(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.

¶16

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶17

However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

¶18

Order Date :- 11.4.2018 Rmk.

Munna Alias Ali Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munna Alias Ali Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Firoj Khan Alias Monu Vs State of U.P.

Shitesh Chauhan Vs State of U.P.

Mustaq Vs State of U.P.

Nitin @ Patram Vs State of U.P.

Sonu Vs State of U.P.

Satto Vs State of U.P.