Allowed

Manohar Singh Parihar v. State of U.P.

Allahabad HC11 Sept 2019BAIL/30768/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Manohar Singh Parihar in a criminal case involving offences under the Excise Act and I.P.C. The court found it to be a fit case for bail while framing specific conditions to prevent tampering with evidence and witness harassment.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties each.

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

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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30768 of 2019 Applicant :- Manohar Singh Parihar Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Dhaka Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Manohar Singh Parihar in connection with Case Crime No.135 of 2019, under Sections 60, 63, 72 of Excise Act and 420 I.P.C., P.S. Maant, District Mathura.

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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 from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 16.06.2019 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 Manohar Singh Parihar 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 :- 11.9.2019

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R./

Manohar Singh Parihar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manohar Singh Parihar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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