Allowed

Monu Khan @ Manjar Husain v. State of U.P.

Allahabad HC31 Aug 2020BAIL/22044/2020

Case brief

AI extract

What is this about?

In a bail application under IPC sections 363 and 511, the court granted bail, relying on the lack of independent witnesses, absence of injury reports, and the applicant's clean criminal record, invoking Paragraph 42 of Bail Rules.

What did the court decide?

Applicant released on personal bond and two sureties conditioned against tampering with evidence, intimidating witnesses, and appearing for trial.

Monu Khan @ Manjar Husain Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22044 of 2020

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Applicant :- Monu Khan @ Manjar Husain Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Vineet Vikram Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that allegation against the applicant is that the applicant attempted to kidnap the victim who was going to her coaching centre. It has further been submitted that the applicant has not committed the alleged offence and he has been falsely implicated in this case. The victim has made allegation against the applicant under pressure of her family members. If the victim had jumped off from the motor cycle of the applicant, she would have sustained injury but there is no injury report on record to support the prosecution version. The applicant has not been apprehended on spot. He has been arrested after 7 months of the alleged incident. There is no independent witness of the alleged incident. Witnesses are family members of the informant. There is no criminal history of the applicant and he is in jail since 2.6.2020.

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Per contra, learned AGA opposed the prayer for bail.

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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.

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Let the applicant Monu Khan @ Manjar Husain involved in Case Crime No. 205 of 2019, under Section 363 and 511 IPC Police Station Duddi District Sonbhadra 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;

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The applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

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The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 31.8.2020 Gss

Monu Khan @ Manjar Husain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Monu Khan @ Manjar Husain v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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