Allowed

Munaur v. State of U.P.

Allahabad HC19 Nov 2018BAIL/44141/2018

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Munaur accused under Sections 394, 411 IPC. Despite merits being left open, the Court granted bail on account of prima facie satisfaction of charges, considering the applicant's innocence claim and no prior criminal history, subject to standard conditions.

What did the court decide?

Applicant released on bail upon executing a personal bond and furnishing two sureties, subject to conditions against tampering with evidence or witnesses and appearance at trial.

Munaur Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44141 of 2018

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Applicant :- Munaur Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant was not named in the F.I.R after three days of the incident the name of the applicant was deliberately dragged at the instance of the Police. The applicant has no role to play in the commission of the offence. Nothing incriminating has been recovered from possession of the applicant. There is no independent public witness in support of the recovery. The recovery of money is owned by the applicant himself. There is no previous criminal history against the applicant. The applicant is languishing in jail since 12.08.2018.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Munaur involved in Case Crime

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No. 205 of 2018, under Sections 394, 411 IPC, Police Station Kanth, District Moradabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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

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

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

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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 :- 19.11.2018 A. Tripathi

Munaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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