Allowed

Munnesh Kumar and 2 Others v. State of U.P.

Allahabad HC21 Sept 2022BAIL/35377/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where applicants sought release on bail in a case involving criminal conspiracy and attempts to murder. Court found applicants had made out a case for bail, considering co-accused were on bail, and allowed the application subject to conditions.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each, subject to conditions.

Munnesh Kumar and 2 Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35377 of 2022

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Applicant :- Munnesh Kumar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Gupta Counsel for Opposite Party :- G.A.,Niklank Kumar Jain

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Hon'ble Deepak Verma,J.

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Heard Sri Sandeep Kumar Gupta, learned counsel for the applicants, Sri Niklank Kumar Jain, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.28 of 2021, registered under Sections 147, 149, 308, 323, 504, 506 I.P.C., Police Station Nidhauli Kalan, District Etah during pendency of the trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is a case of counterblast; both the parties have lodged FIR as both the parties have sustained injuries. General role has been assigned to all the accused persons. He further contended that co-accused, namely, Veerpal, Selu @ Shailesh, Rinku @ Jugenera and Awadhesh have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.36365 of 2022 vide order dated 15.09.2022, hence, the applicant is also entitled for bail on the ground of parity. The applicants have no previous criminal history. The applicants are languishing in jail since 01.08.2022. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicants but could not dispute that the applicant has similar role as of the coaccused.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the

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Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, namely, Munnesh Kumar, Dinesh and Bablu @ Bablesh, who are involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall co-operate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 21.9.2022

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Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.22 10:16:03 IST Reason: Location: High Court of Judicature at Allahabad

Munnesh Kumar and 2 Others v. State of U.P.

Case brief

What is this about?

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Munnesh Kumar and 2 Others v. State of U.P.

Case brief

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