Montu v. State of U.P.
Case brief
What is this about?
In a bail application under Section 307 IPC, the single judge held it was a fit case for bail for the appellant, granting release on personal bond and two sureties, considering parity with a co-accused and lack of criminal history.
What did the court decide?
Released on bail with personal bond and two reliable sureties of equal amount upon furnishing conditions not to interfere with evidence or witness.
What the court decided
Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35089 of 2020
Applicant :- Montu Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Kumar Mishra,Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Montu, who is involved in Case Crime No. 500 of 2020 under Section 307 I.P.C. P.S. Etmaddaula, District-Agra.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Suresh having similar role to that of applicant has already been granted bail by this Court vide order dated 14.10.2020,therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has has no previous criminal history,he is not likely to abscond.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity and likelihood of being a fit case for bail under Section 307 IPC.
Whether the conditions of bail should be imposed on the applicant considering his innocence and lack of criminal record.
Parties & counsel
- applicant
Montu
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/35089/2020
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