Allowed

Mansih @ Ainda v. State of U.P.

Allahabad HC19 Jul 2021BAIL/47960/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application sought release of an accused charged with attempted murder, cheating, and theft. The High Court granted bail subject to strict conditions regarding presence in court, cooperation with the trial, and undertaking not to tamper with evidence or intimidate witnesses, citing specific penal code provisions for failure to comply.

What did the court decide?

Released on bail on personal bond and two local sureties subject to undertaking not to tamper with evidence or intimidate witnesses and strict attendance conditions.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47960 of 2020

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Applicant :- Mansih @ Ainda Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 405 of 2020, under Sections 307, 411, 414, 420 I.P.C., Police Station Aurangabad, District Bulandshahr.

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Learned counsel for the applicant submits that according to the FIR version applicant attempted to kill the police party. It is alleged that constable Manish Kumar Sharma has received simple injury on the right upper arm while applicant received gun-shot injury on the right lower leg. He further submits that applicant has a criminal history of 16 case which have been explained in Paragraph- 7 of the bail application and Paragraph2 of the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 06.09.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant has a criminal history of 16 cases.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, injury of the constable Manish Kumar Sharma, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mansih @ Ainda involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not

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pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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

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Order Date :- 19.7.2021 Israr

Mansih @ Ainda v. State of U.P.

Case brief

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Mansih @ Ainda v. State of U.P.

Case brief

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