Allowed

Manna Alias Rahman v. State of U.P.

Allahabad HC23 Jan 2020BAIL/2265/2020

Case brief

AI extract

What is this about?

This court allowed a bail application for an accused facing charges under Section 307 IPC. The court, relying on the severity of punishment and lack of criminal history, ordered the release of the applicant on personal bond and sureties with strict conditions to prevent tampering and ensure trial participation.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties, subject to conditions regarding trial cooperation and no tampering.

Manna Alias Rahman Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2265 of 2020

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Applicant :- Manna Alias Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No. 431 of 2019, under Sections 307 IPC, Police Station Fatehpur, District Saharanpur, applied for bail.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case due to ulterior motive; recovery shown by Police from the possession of the accused-applicant is false and concocted. Accused-applicant is languishing in Jail since 27.11.2019 having no criminal history. If accused-appellant is enlarged on bail, he shall not misuse its liberty. Due to huge pendency of cases in the trial Court, there is no possibility of early disposal of case.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contentions of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant-Manna Alias Rahman be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the Court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not

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seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, applicant shall not indulge in any criminal activities or in the same offence.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 23.1.2020 Akram

Manna Alias Rahman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manna Alias Rahman 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

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