The Court granted bail to the applicant in a bail application under Section 438 CrPC, releasing him on personal bond and two sureties subject to standard conditions following a supplementary affidavit.
Released on bail on personal bond and two sureties subject to conditions of attendance, non-tampering with witnesses, and no illegal activities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27858 of 2019
Applicant :- Hemant @ Munna Opposite Party :- State Of U.P. Counsel for Applicant :- Shad Khan,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 417 of 2018, under Sections 41, 411, 413, 420, 467, 468, 471 and 379 I.P.C., P.S. Nichlaul, districtMaharajganj, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Nothing incriminating has been recovered either from the applicant or on his pointing out. The recovery which has been shown from the applicant's possession was false and fabricated. There is no public witness of the alleged recovery. All the offences are triable by Court of Magistrate.
He lastly submitted that the applicant has no criminal history. He is languishing in jail since 28.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
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.
Let the applicant, Hemant @ Munna 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. 417 of 2018, under Sections 41, 411, 413, 420, 467, 468, 471 and 379 I.P.C., P.S. Nichlaul, districtMaharajganj subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 12.7.2019 Faridul
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Whether the applicant can be released on bond with sureties subject to conditions.
Whether the learned counsel's submissions regarding innocence and recovery are relevant to bail.
1 provisions across 1 enactments
Hemant @ Munna
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
