Court granted bail to applicant Muneeb Miya in FIR bearing Crime No. 453 of 2017 under Sections 323, 504, and 304 IPC, subject to furnishing a personal bond and two sureties, with conditions against tampering and intimidation.
Released on bail by furnishing a personal bond and two sureties in like amount, subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 434 of 2020
Applicant :- Muneeb Miya Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
(i) against FIR lodged on 24.07.2017, the applicant is in confinement since 21.10.2018 i.e. for more than three years;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the marriage was of more than 10 years of age on the date of occurrence. Cause of death is stated to be septicemia (in the post-mortem report). There are no external injuries recorded therein. Thus, it has been submitted, wholly false prosecution had been lodged owing to other disputes and differences
between the parties.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 26.11.2021 Prakhar
2 issues framed by the court
Whether the applicant should be released on bail pending trial under Sections 323, 504, 304 IPC?
Whether bail conditions can be framed to prevent tampering with evidence and intimidation of witnesses?
1 provisions across 1 enactments
Muneeb Miya
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
