Allowed

Meenu @ Brijesh v. State of U.P.

Allahabad HC6 Aug 2020BAIL/14105/2020

Case brief

AI extract

What is this about?

This judgment allows a bail application in a charge of preparation to commit dacoity. The court considered allegations of false implication and the risk of virus spread in jails under Article 21, relying on Dataram Singh. The applicant was released on bail with conditions, including sureties to be furnished once courts resume normal functioning.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties (to be verified and executed after short-term bail period and restoration of courts) subject to specific conditions.

Meenu @ Brijesh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14105 of 2020

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Applicant :- Meenu @ Brijesh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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The allegation against the applicant is of preparation to commit dacioty.It has been submitted that applicant has been falsely implicated and planted recovery of country made pistol has shown from him. Applicant has explained criminal history of six cases in paragraph 11 of the affidavit filed in support of bail application.He is in jail since 17.2.2020.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Meenu @ Brijesh, who is involved in Case Crime No. 32 of 2020, under Sections 399 and 402 I.P.C, Police Station- Ait , District- Jalaun, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the

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prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 6.8.2020 Atul kr. sri.

Meenu @ Brijesh v. State of U.P.

Case brief

What is this about?

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Meenu @ Brijesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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