Allowed

Monu v. State of U.P.

Allahabad HC18 Aug 2018BAIL/7161/2018

Case brief

AI extract

What is this about?

This bail application by Monu, arrested in a case under sections 366 and 376 IPC involving alleged relationship with the prosecutrix, was allowed. The court cited intimate photographs and refusal of medical examination but expressly avoided merits, directing release on personal and two surety bonds with standard conditions.

What did the court decide?

Released on bail on personal bond and two sureties in the like amount, subject to conditions against tampering with evidence and appearing before trial court.

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

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7161 of 2018

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Applicant :- Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey,Prashant Kumar Lal Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 1117 of 2017, u/s 366, 376 IPC, P.S. Deoband, District Saharanpur with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the prosecutrix is aged about more than 20 years as per high school certificate. It is argued that infact it is a case of affair between the applicant and the victim and in this behalf certain photographs of their intimate relation has been annexed along with affidavit. Lastly it is contended that the victim refused for her medical examination internally or externally as noted by the doctor on 24.11.2917. The applicant is in jail since 22.12.2017.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Monu involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and 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 pressurize/ 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 :- 18.8.2018

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Dhirendra/

Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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