Allowed

Manoj Kumar Duriya v. State of U.P.

Allahabad HC23 Jul 2020BAIL/6173/2020

Case brief

AI extract

What is this about?

Single Judge granted bail to the applicant, implicates in suicide/family dispute case, considering novel corona virus spread in jails and Apex Court dictum without expressing opinion on merits. Bail granted subject to personal bond, conditions, and verification protocols pending normal court functioning.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to specific conditions including verification on official website.

Manoj Kumar Duriya Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2020)

¶1

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6173 of 2020 Applicant :- Manoj Kumar Duriya Opposite Party :- State of U.P. Counsel for Applicant :- Vaibhav Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Siddharth,J.

¶3

This bail application is being disposed of as per the order dated 19.7.2020 of Hon'ble the Chief Justice through Video Conferencing.

¶4

In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

¶5

Heard learned counsel for the applicant and learned A.G.A. through Video Conferencing.

¶6

It is submitted that applicant is husband of the deceased.He has been implicated in the First Information Report on the basis of general allegations. The cause of death of the deceased is asphyxia as a result of antemortem hanging.The marriage between applicant and deceased took place in the year 2012 and she died in the year 2018. The deceased has committed suicide and applicant has been falsely implicated in this case. The applicant is in jail since 16.11.2018 and has no criminal history.

¶7

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

¶8

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant, Manoj Kumar Duriya, who is involved in Case Crime No. 45 of 2018, under

¶10

Sections 498-A, 304-B I.P.C, and section 3/4 of Dowry Prohibition Act Police Station-Shivkuti , District- Prayagraj, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶15

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶16

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶17

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Order Date :- 23.7.2020 Atul kr. sri.

Manoj Kumar Duriya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Kumar Duriya 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mukesh Yadav and Another Vs State of U.P. and Another

Dilawar Vs State of U.P.

Pradeep Sharma Vs State of U.P.

Arun and Another Vs State of U.P.

Sudhanshu Kumar Pandey Vs State of U.P.

Ajmeri Vs State of U.P.