Allowed

Mangal v. State of U.P.

Allahabad HC12 Oct 2022BAIL/34090/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature at Allahabad considered a criminal bail application challenging detention under Section 307 IPC. The court found a case for bail was made out given the nature of accusations, severity of punishment, applicant's presence in jail, and lack of specific role assigned in inquiry. Bail was allowed subject to personal bond, sureties, and conditions against tampering a

What did the court decide?

Release on bail after executing personal bond and two reliable sureties subject to specific conditions.

Mangal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34090 of 2022

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Applicant :- Mangal Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the respective parties.

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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.268 of 2021, under Section 307 IPC, Police Station-Raksa, District-Jhansi.

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As per version of the FIR, on 15.11.2021 when brother of informant was returning back from his home after taking the milk to Jhansi, three accused-persons including the present applicant with a intention to kill his brother, had fired over him, as a result, he received serious injury and, thereafter, he was taken to the hospital by Ambulence.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case due to ulterior motive. The unexplained delay of 12 hours in lodgement of F.I.R. shows that the same has been lodged as an afterthought. He further submits that no specific role has been assigned to the applicant in the statement of the injured recorded under Section 161 Cr.P.C. as well as in the FIR itself. He further submits that statement of injured was recorded on 09.03.2022 i.e. after lapse of almost four months from the date of the incident, in which injured has assigned the role of exhortation to the applicant, hence no offence under Section 307 IPC is made out against the applicant. The main role of assault has been assigned to the coaccused-Chandan not to the present applicant. He further submits that as per injury report, all the injuries are in simple in nature. He further submits that earlier applicant had lodged the FIR bearing case crime No.112 of 2021 against the brother of the informant and in retaliation to the same, informant has lodged the instant FIR only with a view to create pressure upon the applicant. He further submits that applicant has criminal history of two cases except the instant case, which he has specifically mentioned in para 18 of the bail application. He submits that applicant is a law abiding citizen and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the

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applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 03.01.2022.

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Learned A.G.A. has vehemently opposed the prayer for bail of the applicant but could not dispute the aforesaid facts on record.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Mangal, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The applicant shall not tamper with the evidence.

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(ii) The applicant shall not indulge in any criminal activity.

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(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

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(iv) The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.

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Order Date :- 12.10.2022

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Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.10.14 17:59:23 IST Reason: Location: High Court of Judicature at Allahabad

Mangal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mangal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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