Allowed

Manoj and Another v. State of U.P.

Allahabad HC12 Sept 2019BAIL/34732/2019

Case brief

AI extract

What is this about?

This judgment grants bail in a criminal case involving attempt to rob, theft, criminal conspiracy, and cheating. The court found it to be a fit case for bail despite the gravity of the offenses and without expressing an opinion on the merits of the allegations.

What did the court decide?

The applicants were released on bail by executing a personal bond and furnishing two sureties each under stipulated conditions.

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

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34732 of 2019

¶3

Applicant :- Manoj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vijai Kumar Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

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

¶6

This is a bail application on behalf of the applicants Manoj and Ajay Kumar Singh in connection with Case Crime No.195 of 2019, under Sections 395, 397, 120-B, 412 I.P.C., P.S. Hafizganj, District Bareilly.

¶7

The submission of learned counsel for the applicants is that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that as per first information report lodged by the clerk of M/s Jaiswal Battery Corporation that on 14.06.2019 when he was returning after selling the batteries six persons stopped his vehicle, who came on the motor-cycle and snatched the money amounting to Rs.1,87,400/from him and they also assaulted the complainant and the driver of the vehicle in which the complainant was travelling. He submitted that the vehicle was driven by Ajay, who was also beaten by the unknown accused persons. He further submitted that the name of the applicants have surfaced during investigation. He further submitted that the applicants have been implicated on the basis of their confessional statements before the owner of Ms/ Jaiswal Battery Corporation and some other persons after seven days of the incident. He further submitted that alleged recovery shown from the applicants are totally fake and false. He further submitted that there is no public witness of the alleged recovery. He submitted that the applicants are languishing in jail since 26.06.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.

¶8

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

¶9

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. Accordingly, the bail application stands allowed.

¶10

Let the applicants Manoj and Ajay Kumar Singh 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:

¶11

i) The applicants shall not tamper with the prosecution evidence.

¶12

ii) The applicants shall not threaten or harass the prosecution

¶13

witnesses;

¶14

iii) The applicants shall appear on the date fixed by the trial court; iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission; v) The applicants 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.

¶15

Order Date :- 12.9.2019

¶16

R./

Manoj and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj and Another 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

Ramesh Chandra Urf Sharma Babu Vs State of U.P.

Babu Ram Yadav Vs State of U.P.

Mahesh Gupta Vs State of U.P.

Nanak Chand and 3 Others Vs State of U.P.

Ajab Narayan Pandey @ Munna Pandey Vs State of U.P.

Suraj Vs State of U.P.