Allowed

Suresh Kumar @ Monu v. State of U.P.

Allahabad HC11 Jul 2019BAIL/22135/2019

Case brief

AI extract

What is this about?

In this bail application, the applicant alleged false implication and lack of evidence including no identification parade. The court found no prima facie case and granted bail on a personal bond and two sureties with standard conditions against tampering with evidence or witnesses.

What did the court decide?

Released on bail upon executing a personal bond and furnishing two sureties with conditions against tampering with evidence or witnesses.

Suresh Kumar @ Monu Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22135 of 2019

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Applicant :- Suresh Kumar @ Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed today, is taken on record.

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This is a bail application on behalf of the applicant Suresh Kumar @ Monu in connection with Case Crime No.417 of 2018, under Sections 458, 380, 411 I.P.C., P.S. Shivali, District Kanpur Dehat.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery of mobile phone are not connected in any case. He further submitted that no identification parade was conducted by the police. He submitted that there was no public witness of the alleged recovery. He submitted that the applicant is in jail since 28.12.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Suresh Kumar @ Monu involved in the aforesaid crime be released on bail on 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 shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 11.7.2019

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R./

Suresh Kumar @ Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suresh Kumar @ 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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