Allowed

Mannu and Another v. State of U.P.

Allahabad HC7 Apr 2022BAIL/10091/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the accused Applicants in a case involving diamond theft. The court observed that the case facts mirror those of co-accused who were already released on bail, satisfying the Court regarding the reformative theory of punishment. Applicants were granted release on surety.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties each in the surety amount.

Mannu and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10091 of 2022

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Applicant :- Mannu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.

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The accused- applicants are involved in Case Crime No. 222 of 2021, under Section 395, 412 I.P.C. Police Station Adarsh Mandi Shamli, District- Shamli.

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It is argued by the learned counsel for the applicants that the first information report was registered against unknown persons. On 20.11.2021, the police apprehended six persons including these two applicants and recovered a total money of Rs. 5500 and six debit cards from them. The accused persons are said to have confessed their guilt before the police. The coaccused Preet and Atul @ Gaud Hand have already been granted bail by the coordinate benches of this court. Rs. 1800/and Rs. 1600/- respectively are said to have been recovered from the applicants Preet and Atul. The applicants are in jail from 20.11.2021, hence, the prayer for bail is made.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicants but could not contradict the facts argued by the learned counsel for the applicants.

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The bail orders of Preet and Atul @ Gaud Hand have been placed before the court. The case of the applicants is identical to that of the co -accused persons who had been already bailed out.

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Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing

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any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicants Mannu and Azad who are involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicants will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

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The applicants will not tamper with the witnesses.

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The applicants will not indulge in any illegal activities during the bail period.

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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, if any, 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 ultimate merits of the case.

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

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Order Date :- 7.4.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.04.08 17:40:44 IST Reason: Location: High Court of Judicature at Allahabad

Mannu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mannu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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