Munna v. State of U.P.
Case brief
What is this about?
Single judge court heard a bail application filed by Munna in a trial pending for offences under Sections 323, 307, 504, and 34 of the IPC. The court allowed the bail application despite not expressing an opinion on merits.
What did the court decide?
Applicant released on bail by furnishing a personal bond and two sureties in the like amount on satisfaction of the court.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39774 of 2022
Applicant :- Munna Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Shariq Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.279 of 2022, registered under Sections 323, 307, 504 and 34 of IPC, Police Station-Dadri, District Greater Noida during the pendency of the trial.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present crime. The unexplained delay of in lodgement of F.I.R. shows that the same has been lodged as an afterthought. No specific role has been assigned to the present applicant. There are material contradiction in the injury report dated 21.05.2022 and 27.05.2022, which belies the prosecution story. He further submits that applicant is no way involved in committing the aforesaid offence and police has falsely planted the applicant only to show their good work to the higher authorities. He submits that applicant is a law abiding citizen and apart from this case, applicant does not have any criminal history. He further submits that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 05.06.2022 and the possibility of conclusion of trial in near future is very bleak.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving offences under Sections 323, 307, 504 and 34 of the IPC.
Parties & counsel
- appellant
Munna
- respondent
State of U.P.
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/39774/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court