Single judge allowed bail to Munna Singh Yadav in a cheating and criminal conspiracy case, noting co-accused bail and non-alternation of evidence, granting bail with standard conditions.
Bail granted on executing personal bond and two sureties each, subject to conditions regarding tamper, harassment, and appearance.
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. - 30986 of 2019
Applicant :- Munna Singh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Munna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Munna Singh Yadav in connection with Case Crime No.69 of 2019, under Sections 420, 120-B I.P.C., P.S. Jangipur, District Ghazipur.
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 offence which has been alleged to have been committed by the applicant is punishable less than seven years. He submitted that there is no eye witness of the alleged crime. He submitted that the applicant has no previous criminal history. He submitted that the co-accused have been admitted to the concession of bail by this Court both by order dated 25.07.2019 passed in Criminal Misc. Bail Application Nos. 29927 of 2019 (Anil Kumar and 8 others) and 29924 of 2019 (Jagarnath Singh Yadav and 8 others). He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 10.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Munna Singh Yadav 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:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence
of which the applicant is accused, or suspected of the commission; 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.
Order Date :- 8.8.2019 R./
1 issue framed by the court
Whether the present case is a fit case for granting bail to the accused.
Munna Singh Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
