Allowed

Munnu Bind v. State of U.P.

Allahabad HC14 Aug 2020BAIL/21093/2020

Case brief

AI extract

What is this about?

In a bail application regarding murder charges, the High Court, without expressing an opinion on merits due to witness tempering and hostile witnesses, granted bail to the father-in-law of the deceased.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two sureties each, subject to undertaking not to seek adjournment, remain present, and surrender passport.

Munnu Bind Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21093 of 2020

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Applicant :- Munnu Bind Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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The Court convened through video conferencing.

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The present bail application has been nominated to this Bench by Hon'ble the Chief Justice vide order dated 14.8.2020. The same has been listed today in the fresh cause list in pursuance of the urgency application.

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Heard Shri Pradeep Kumar, learned counsel for the applicant and Sri S.A. Murtaza, learned A.G.A for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 08.08.2018. The applicant is the father-in-law of the deceased, but the case rest on circumstantial evidence there appears to be no cogent evidence against the applicant and no recovery of any incriminating article at the pointing out of the applicant. He next argued that both the witnesses of fact including the informant who are parents of the deceased have turned hostile. The husband of the deceased Kallu Bind is also confined in jail.

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Learned AGA opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant- Munnu Bind involved in Case Crime No.125 of 2018, (Sessions Trial No. 209 of 2018), under Sections 302, 201 IPC P.S. Naunhara, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the

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properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall surrender his passport, if any, before the trial Court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the Trial.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 14.8.2020 Neeraj

Munnu Bind v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munnu Bind v. State of U.P.

Case brief

What is this about?

What did the court decide?

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