Allowed

Munna v. State of U.P.

Allahabad HC28 Jun 2021BAIL/11791/2021

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Munna in a rape and murder case. The court granted bail citing jail overcrowding during the pandemic and the applicant's lack of presence in the initial FIR, setting specific conditions for release.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties subject to conditions against tampering with evidence and interference with witnesses.

Munna Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11791 of 2021

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Applicant :- Munna Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Brij Bhushan Prasad Srivastava, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.12 of 2020 at Police Station-Salempur, DistrictDeoria on 28.01.2020 under Sections 364-A, 302, 201 and 120B IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.3, Deoria on 07.01.2021.

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The applicant is in jail since 20.07.2020, pursuant to the said F.I.R.

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Sri Brij Bhushan Prasad Srivastava, learned counsel for applicant contends that the applicant was not named in the F.I.R. The name of the applicant first figured in a statement given by co-accused before the police authorities seven months after the alleged incident. It is also contended by Sri Brij Bhushan Prasad Srivastava, learned counsel for the applicant that co-accused-Sirajuddin has been granted bail by this Court on 08.02.2021 in Criminal Misc. Bail Application No.37688 of 2020 (Sirajuddin Vs. State of U.P.). The applicant claims parity on the footing of his role and also on the reasoning given by this Court while granting bail to the said co-accused. The applicant has explained his criminal history. Lastly it is contended by Sri Brij Bhushan Prasad Srivastava, learned counsel for applicant that the applicant shall not abscond and

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will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jail during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Brij Bhushan Prasad Srivastava, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Munna involved in Case Crime No.12 of 2020 at Police Station-Salempur, District-Deoria under Sections 364A, 302, 201 and 120-B IPC be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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

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Order Date :- 28.6.2021 Ashish Tripathi

Munna v. State of U.P.

Case brief

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Munna v. State of U.P.

Case brief

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