Allowed

Manish v. State of U.P.

Allahabad HC17 May 2019BAIL/11964/2019

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant in a criminal case involving Sections 376-D, 323, 506 IPC and POCSO Act. The applicant was released on personal bond with two heavy sureties subject to specific conditions, as identically placed co-accused had been granted bail by this Court.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties (not less than Rupees Six Lakhs) each.

Manish Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11964 of 2019

¶3

Applicant :- Manish Opposite Party :- State Of U.P. Counsel for Applicant :- Lalit Kumar Misra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

Heard learned counsel for the applicant, Sri Munne Lal, learned counsel for informant and the learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that co-accused has been granted bail by this Court on 24.4.2019 vide Criminal Misc. Bail Application No. 16940 of 2019 and one of other co-accused Shashi Kant has also been enlarged on bail in Criminal Misc. Bail Application No.18932 of 2019 by a Coordinate Bench. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Applicant is in jail since 13.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail.

¶8

Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

¶9

Let the applicant, Manish, involved in Case Crime No. 42 of 2019 under Sections 376-D, 323, 506 IPC and 3/4 POCSO Act, Police Station Kasganj, District - Kasganj be released on bail on furnishing a personal bond and two heavy sureties (not less than Rupees Six Lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶13

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the

¶14

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.

¶15

In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.

¶16

Order Date :- 17.5.2019 bgs/

Manish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manish v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dinesh Dhyani Vs State of U.P.

Dinesh Dhyani Vs State of U.P.

Dinesh Dhyani Vs State of U.P.

Sukhdev Vs State of U.P.

Shekhar Vs State of U.P.

Rajdeep and Another Vs State of U.P.