Hon'ble Bachchoo Lal, J. disposed of bail application by granting bail to Munni Lal subject to furnishing bond and two sureties and compliance with standard conditions regarding evidence tampering and witness intimidation.
Release on bail on furnishing personal bond and two sureties each of like amount subject to standard conditions.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49780 of 2019
Applicant :- Munni Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.,Neelabh Srivastava,Shri Krishna Das
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that initially an N.C.R. was lodged under section 323, 504 and 506 I.P.C. against four persons including the applicant for committing marpit with the deceased and injured persons. Thereafter, six persons have also been added by the witnesses. In their statements recorded under section 161 Cr.P.C. general role for committing marpit has been assigned to them. As per post mortem report only two injuries have been found on the body of the deceased and the cause of death of the deceased has been shown coma as a result of head injury but it is not specified as to who is author of this head injury. The injuries of injured are simple in nature. The applicant has not committed the alleged offence and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 24.6.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that in this incident 5 persons including the deceased have sustained injury. The applicant and other co accused have committed marpit with the entire family members of the deceased, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Munni Lal involved in Case Crime No.177 of 2019, under Section 147, 323, 504, 506, 304 IPC Police Station Khuthan District Jaunpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.11.2019 Gss
3 issues framed by the court
Whether the applicant is entitled to release on bail pending trial for alleged offences of affray and causing hurt.
Whether the facts of the case disclose abuse of process of law or false implication warranting bail.
What conditions are necessary for granting bail in a criminal case involving assault.
2 provisions across 2 enactments
Munni Lal
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
