Allowed

Manoj Kumar v. State of U.P.

Allahabad HC5 Mar 2018BAIL/3185/2018

Case brief

AI extract

What is this about?

In this bail application, the court granted bail to the applicant who alleged false implication in a property/civil dispute. The court found prima facie satisfaction regarding the charge and held the applicant entitled to release on personal bond with sureties without expressing opinion on merits.

What did the court decide?

Applicant released on bail on personal bond with two sureties each in like amount, subject to conditions of appearing in trial and not tampering with witnesses.

Manoj Kumar Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3185 of 2018

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Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pradeep Chauhan, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. It is further submitted that the applicant is the only marginal witness of the alleged agreement of sale. It is further submitted that applicant is not the beneficiary of the alleged transaction. It is further submitted that the co-accused Ranjeet Kumar @ Jitendar @ Prem Narain having similar role has been granted bail by this Court vide order dated 12.07.2017 in Criminal Misc. Bail Application No. 24651 of 2017 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 is in jail since 22.04.2017.

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

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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, the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Manoj Kumar involved in Case Crime No. 93 of 2016, under Section 420, 467, 468, 471 I.P.C., Police Station Kotwali District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the

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trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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

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

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Order Date :- 5.3.2018 Arti Sharma

Manoj Kumar v. State of U.P.

Case brief

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Manoj Kumar v. State of U.P.

Case brief

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