Allowed

Manpal v. State of U.P.

Allahabad HC18 Jan 2018BAIL/46927/2017

Case brief

AI extract

What is this about?

Held bail application allowed. Confidered false implication, severity of punishment, evidence, and lack of prior history. The court is satisfied regarding reformative theory and grants bail on personal bond with sureties contingent on cooperation and non-tampering.

What did the court decide?

The applicant Manpal is released on bail on furnishing a personal bond with two sureties, each in the like amount.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46927 of 2017

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Applicant :- Manpal Opposite Party :- State Of U.P. Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri M.R. Rahman, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that he has been falsely implicated in the present case. It is further submitted that the entire prosecution case, as set up by the prosecution is false and factious. It is further submitted that no material has been recovered from the possession of the applicant. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.10.2017. It has been pointed out that the applicant has no previous criminal history.

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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 and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Manpal involved in Case Crime No.334 of 2017, under Sections 308, 452, 504, 506 I.P.C., Police Station Kasganj, District Kasganj 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 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

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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 trial court will be at liberty to cancel the bail.

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Order Date :- 18.1.2018 Neeraj

Manpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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