Allowed

Manoj Prajpati v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC19 Jan 2022/245/2022

Case brief

AI extract

What is this about?

In a criminal bail application regarding charges of abduction and kidnapping, the court allowed the applicant's petition, noting the bail of other co-accused and lack of flight risk, releasing him on bail with standard conditions.

What did the court decide?

The applicant was allowed to be released on bail upon furnishing a personal bond and two sureties, subject to specific conditions regarding witness tampering and court attendance.

Manoj Prajpati Vs State of U.P. Thru. Prin. Secy. Deptt… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 245 of 2022

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Applicant :- Manoj Prajpati Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Learned counsel for the applicant submits that the main role of abduction has been assigned to co-accused Rahul Singh, who has called the complainant and abducted him. As per prosecution story, it has been alleged that the applicant was also present in the car in which the victim has been taken away. The co-accused Rakesh Sahu against whom similar allegations were made has been enlarged on bail by coordinate bench of this Court vide order dated 09.03.2017 passed in Bail No.2120 of 2017, bail order is on record as Annexure-4 with the affidavit filled in support of the bail application. The other co-accused, Doodhnath Yadav and Rahul Singh have been enlarged on bail by coordinate benches of this Court vide order dated 22.02.2017 and 10.08.2017 passed in Bail Nos.1459 of 2017 and 4599 of 2017 respectively, bail orders are on record as Annexure-3 and Annexure-5 with the affidavit filled in support of the bail application.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail and submitted that the applicant has criminal history of 13 cases, rebutting the same, learned counsel for the applicant submits that he has explained the criminal history of the applicant in paragraph 22 of the bail application and in most of the cases he has been falsely implicated by the police.

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Considering the facts and circumstances of the case, and also considering the facts that the main co-accused Rahul Singh and two other co-accused, Doodhnath Yadav and Rakesh Sahu have been enlarged on bail, the applicant is in jail since 04.10.2021 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed .

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Let the applicant, Manoj Prajpati, involved in Case Crime No.03 of 2017, under Sections 364, 365, 394, 120-B and 411 Indian Penal Code, Police Station - Kotwali Nagar, District - Gonda, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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. 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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(v) 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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(vi) 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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Order Date :- 19.1.2022 KR

Manoj Prajpati v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Manoj Prajpati v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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