Allowed

Manish v. State of U.P.

Allahabad HC20 Aug 2018BAIL/20805/2018

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, Manish, alleging offenses under Sections 147, 148, 149, 323, 307, 504, 506 IPC, relying on parity with a co-accused and the reformative theory of punishment, subject to standard bail conditions.

What did the court decide?

The applicant was ordered to be released on bail on furnishing personal bonds with two sureties on conditions of not tampering with evidence, intimidating witnesses, and appearing in court.

Manish Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20805 of 2018

¶3

Applicant :- Manish Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Yadav,A.K. Pandey Counsel for Opposite Party :- G.A.,Rajeev Kumar

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Kuldeep Singh Yadav and Sri A.K. Pandey, learned counsel for the applicant and Sri Rajev Kumar, learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A. appearing for the State.

¶6

It has been contended by the learned counsel for the applicant that the co-accused Vijay @ Gullu has been granted bail by this Court on 1.8.2018 in Criminal Misc. Bail Application No.20176 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 6.3.2018.

¶7

Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

¶8

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

¶9

Without expressing any opinion on the merits of the case let the applicant Manish involved in Case Crime No.298 of 2016, under Sections 147, 148, 149, 323, 307, 504, 506 I.P.C., Police Station Makkhanpur, District Firozabad be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶10

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

¶11

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

¶12

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

¶13

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶14

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶15

Order Date :- 20.8.2018 Dev/-

Manish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manish 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

Parties & counsel

Coram

Case details

Similar cases

Amit Vs State of U.P.

Aditya @ Golu Vs State of U.P.

Kanhaiya Vs State of U.P.

Maiyadeen Vs State of U.P.

Sandeep @ Sagar Vs State of U.P.

Uady Bhan Sahni Vs State of U.P.