Allowed

Mona v. State of U.P.

Allahabad HC2 Jul 2019BAIL/26139/2019

Case brief

AI extract

What is this about?

In a bail application where the accused was charged with cheating, money laundering and illegal possession, the High Court allowed bail during the trial despite the serious nature of the offence, noting the co-accused's similar relief and lack of prior record.

What did the court decide?

Accused released on bail on personal bond with two sureties, subject to conditions of attending trial, not tampering with witnesses and refraining from illegal activities.

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

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26139 of 2019

¶3

Applicant :- Mona Opposite Party :- State Of U.P. Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

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

¶6

By means of this application, the applicant who is involved in Case Crime No. 183 of 2019, under Sections 392, 120B, 216A and 411 I.P.C., P.S. Khair, district-Aligarh, is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant submitted that the applicant was not named in the first information report. He next submitted that the implication of the appellant in the present case is based upon his confessional statement made by him before the police after he was taken into custody is wholly inadmissible against him. The alleged recovery which has been shown from the applicant was false one. He further submitted that another co-accused Smt. Kajal who was also not named in the FIR has already been granted bail by another Bench of this Court vide order dated 19.6.2019 passed in Criminal Misc. Bail Application No. 24663 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record.

¶8

He lastly submitted that the applicant has no criminal history. He is languishing in jail since 18.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

The prayer for bail has been vehemently opposed by learned A.G.A.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

¶11

Let the applicant, Mona be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 183 of 2019, under Sections 392, 120B, 216A and 411 I.P.C., P.S. Khair, district-Aligarh subject to the following conditions:-

¶12

The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶13

He will not tamper with the witnesses.

¶14

He will not indulge in any illegal activities during the bail period.

¶15

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶16

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶17

Order Date :- 2.7.2019 Faridul

Mona v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mona 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

Shukhendra Singh Vs State of U.P.

Devesh @ K.K. Vs State of U.P.

Rameshwar Singh Yadav @ Lala Yadav and Another Vs State of U.P.

Geeta Vs State of U.P.

Sunil Kumar Verma Vs State of U.P.

Omendra Vs State of U.P.