Allowed

Munna @ Imran v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Sept 2022/11503/2022

Case brief

AI extract

What is this about?

The High Court dismissed the applicant's prayer for a personal bond alone and granted bail on furnishing a personal bond and two sureties, subject to specific conditions regarding witness tampering and court appearances while presumptively finding it a fit case for bail based on the distinguishing role and lack of vital injuries.

What did the court decide?

The applicant was ordered released on bail by furnishing a personal bond and two sureties, subject to conditions to appear in court and not tamper with evidence.

Munna @ Imran Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11503 of 2022

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Applicant :- Munna @ Imran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

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Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 297 of 2022, under Sections 147, 148, 149, 323, 504, 307, 452 IPC, Police Station- Isanagar, District Kheri.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that role of attacking with 'Banka' has been assigned to the applicant though the injury is not on vital part of the injured. Other accused persons have been assigned role assaulting with other weapons and the other injured has received serious injuries and the role of the applicant is distinguishable from the role of other co-accused. He added that there is no cogent piece of evidence so as to connect the present applicant as he has been named by the injured due to enmity. There is no previous criminal antecedent of the applicant and he is languishing in jail since 04.06.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail and submits that the role of assaulting with 'Banka' has been assigned to the applicant and injured has received injury. In the statement of injured, there is specific role of the applicant for assaulting the injured with Banka, as such the applicant is not entitled to be released on bail.

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Having heard the learned counsel for the parties and after perusal of record, it is evident that injuries are not on vital

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part; role of the applicant is distinguishable from the role of other co-accused; no previous criminal antecedent and he is languishing in jail since 04.06.2022.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the applicant- Munna @ Imran involved in the aforementioned crime 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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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(3) 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 30.9.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.10.01 12:53:20 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Munna @ Imran v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Munna @ Imran v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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