Allowed

Nizamuddin @ Mannu v. State of U.P. and Another

Allahabad HC23 Sept 2020BAIL/28253/2020

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Nizamuddin @ Mannu, accused under various IPC sections and the POCSO Act. The applicant was languishing in jail since July 23, 2020. The court relied on Article 21 of the Constitution and the precedent Dataram Singh while noting the lack of independent witnesses and the applicant's readiness to cooperate.

What did the court decide?

Released on bail executing personal bond and two sureties in the like amount with specified conditions.

Nizamuddin @ Mannu Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28253 of 2020

¶3

Applicant :- Nizamuddin @ Mannu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharnidhar Pandey,Kamal Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

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

¶6

The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to malafide and ulterior motive of complainant. The complainant setup a concocted story and lodged the first information report against the applicant. However no incident was occurred at the place of occurrence which is alleged by complainant in the first information report. There is no independent witness of the alleged incident. The applicant has no criminal antecedent. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 23.07.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

¶7

Learned AGA vehemently opposed the prayer.

¶8

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 and without expressing any view on the merits of the case, I find it to be a case of bail.

¶9

Let the applicant- Nizamuddin @ Mannu involved in Case Crime No. 381 of 2020, under Sections 354(Ka), 504, 506, 342 IPC & 9/10 of POCSO Act, 2012, Police Station Kotwali Mau, District Mau be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

¶10

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶11

He will not tamper with the witnesses.

¶12

He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶13

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶14

The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.

¶15

Order Date :- 23.9.2020 Arti

Nizamuddin @ Mannu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nizamuddin @ Mannu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamlesh Vs State of U.P.

Smt. Mahraj Vs State of U.P.

Harendra Vs State of U.P.

Vinod Kumar Verma @ Vickky Vs State of U.P.

Jagdish Vs State of U.P.

Gourav Vs State of U.P.