In this bail application, the court allowed the release of the applicant Monaf from custody on furnishing a personal bond and two sureties, subject to standard bail conditions, by relying on the precedent of Dataram Singh.
Bail granted on furnishing a personal bond and two sureties in the like amount, subject to five standard conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39606 of 2018
Applicant :- Monaf Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,Kailash Prakash Pathak
Hon'ble Aniruddha Singh,J.
List has been revised. None appeared on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, applicant Monaf and co-accused Sohrab Ahmad and Maqsood were summoned vide order dated 24.4.2007 in Complaint Case No. 596 of 2007, under Sections 406, 419, 420, 465, 471 I.P.C.
It is submitted by learned counsel for the applicant that both the parties have entered into a compromise on 18.10.2018. The applicant has no previous criminal history. The applicant is languishing in jail since 5.9.2018 (one and half month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Monaf involved in Complaint Case No. 2433 of 2016, under Sections 406, 419, 420, 471, 465 IPC, Police Station Bilariyaganj, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.10.2018 NS
1 issue framed by the court
Whether the applicant is entitled to bail in the instant proceeding.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶10
Dataram Singh vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Monaf
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
