Allowed

Munendra Kumar v. State of U.P.

Allahabad HC13 Oct 2022BAIL/41010/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant, Munendra Kumar, involved in a case under the U.P. Gangsters and Anti-Social Activities Act. The Court noted he had already secured bail in a related case and released him on a personal bond with two sureties.

What did the court decide?

Release on bail with a personal bond and two sureties subject to standard conditions refraining from tampering with evidence or witnesses.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41010 of 2022

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Applicant :- Munendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 206 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986 , P.S. Wazirganj, District Budaun.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, only one case has been shown against the applicant in case crime no.301 of 2021 in which the applicant has already been enlarged on bail by another coordinate Bench of this Court vide order dated 01.06.2022 passed in Criminal Misc. Bail Application No.8489 of 2022. It is further submitted that the applicant is languishing in jail since 25.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Having regard to the facts that the applicant has already been granted bail in one case mentioned in the gang-chart, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Munendra Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 13.10.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.10.13 16:37:06 IST Reason: Location: High Court of Judicature at Allahabad

Munendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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