Allowed

Vinju Modanwal and Another v. State of U.P.

Allahabad HC3 May 2019BAIL/13582/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. Court released two applicants accused of assault and harassment on furnishing personal bond and two sureties each, subject to standard bail conditions, noting no criminal history and custodial period exceeding two to three months.

What did the court decide?

Release on bail with personal bond and two sureties each on stated conditions.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13582 of 2019

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Applicant :- Vinju Modanwal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Sen Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged against three accused persons, namely Ratan Modanwal, Vinju Modanwal and Dhiraj Kumar alleging that on 18.9.2017 they assaulted Nagendra Modanwal (complainant) by kicks and fists and threw boiled water at him. He received three burn injuries.

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It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There are general allegations against the applicants. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present case. Applicant no. 1 is languishing in jail since 25.1.2019 (more than three months) and applicant no. 2 is languishing in jail since 18.2.2019 (more than two and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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.

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Let applicants Vinju Modanwal and Dheeraj Kumar involved in Case Crime No. 1799 of 2017, under Sections 326-B, 323, 504 IPC, Police Station Saidpur, District Ghazipur 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:

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

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2.The applicants will not pressurize/ intimidate the prosecution witness.

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

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4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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5.The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 3.5.2019

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A. Singh

Vinju Modanwal and Another v. State of U.P.

Case brief

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Vinju Modanwal and Another v. State of U.P.

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