Allowed

Manjeet Prajapati v. State of U.P.

Allahabad HC7 Jul 2022BAIL/19031/2022

Case brief

AI extract

What is this about?

This is a bail application filed by Manjeet Prajapati involved in an assault and attempt to murder case. The High Court, considering the circumstances and precedent law, allowed bail during trial subject to conditions of cooperation and no tampering with witnesses.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to attending trial, not tampering with witnesses, and no illegal activities.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19031 of 2022

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Applicant :- Manjeet Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,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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By means of this application, the applicant who is involved in Case Crime No. 74 of 2022, under sections 323, 504, 506 and 307 I.P.C., P.S. Raksa, district-Jhansi, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against three persons, including present accused, alleging therein that his brother and his friend Abhijeet Dongrey were called by the co-accused Anshu Samele at Raksa near Sijwaha Nagar and when the informant's brother and his friend reached there, where all the accused persons were present and due to previous enmity all the accused persons after assaulting the informant's brother with iron rod thrown him in the canal. It was also alleged that after hearing hue and cry some people rushed at the spot and fished out the informant brother from canal.

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Learned counsel for the applicant submits that both the applicant and the informant's brother are friends. The applicant has organized a party, in which after consuming liquor an altercation took place between the applicant and the informant's brother The incident happened at the spur of moment in the heat of passion due to sudden quarrel. Further submission is that the injuries sustained by the injured are simple in nature. He also submits that similarly placed other co-accused Anshu Shamele has already been enlarged on bail by another Bench of this Court vide order dated 24.5.2022 passed in Criminal Misc. Bail Application No. 17347 of 2022. He lastly submits that the applicant has no criminal history and he is languishing in jail since 27.2.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Manjeet Prajapati involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 7.7.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.07.08 11:58:12 IST Reason: Location: High Court of Judicature at Allahabad

Manjeet Prajapati v. State of U.P.

Case brief

What is this about?

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Manjeet Prajapati v. State of U.P.

Case brief

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What did the court decide?

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