Monis v. State of U.P.
Case brief
What is this about?
High Court Delhi Bench allowed bail to Monis in a cow slaughter dispute, citing overcrowding concerns, prima facie innocence, and reference to Dataram Singh, subject to personal bond and sureties.
What did the court decide?
Applicant released on personal bond and two sureties subject to conditions of attending trial and not tampering with witnesses.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33103 of 2021
Applicant :- Monis Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Aditya Kumar Yadav, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the first information report and his name has came into light during Court of investigation. It is further submitted that no incriminating article has been recovered from the possession or pointing out of the applicant. It is further submitted that the the applicant has no concern with the alleged incident. 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 has 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. It has also been submitted that the applicant is languishing in jail since 30.7.2019. It has been pointed out that the applicant has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant, falsely implicated and languishing in jail during pandemic, is entitled to bail without disturbing prosecution.
Whether the application of reformative theory of punishment and Article 21 warrants bail release here.
Parties & counsel
- applicant
Monis
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/33103/2021
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