Allowed

Manish Bind v. State of U.P.

Allahabad HC29 Nov 2022BAIL/44399/2022

Case brief

AI extract

What is this about?

Hon'ble High Court at Allahabad disposed of Criminal Misc. Bail Application No. 44399 of 2022. The Court allowed bail to the applicant, Manish Bind, invoking the general clause of bail without expressing an opinion on the merits, imposing specific conditions for trial court appearances and conduct.

What did the court decide?

Enlarged on bail by furnishing personal bond and two sureties subject to specific conditions of attendance and conduct in the trial court.

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

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44399 of 2022

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Applicant :- Manish Bind Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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

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The applicant is involved in Case Crime No. 97 of 2022, under Sections 343,366,504,506,376-D,379,323,34 IPC, Police Station- Ghoorpur, District- Allahabad.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid crime. The applicant has not committed any offence as alleged in the FIR. Learned counsel further submits that the victim as well as the applicant are already married. The victim voluntarily resided with the applicant for about three months. At the behest of the family members, the FIR was lodged against the applicant after four months of the alleged incident without any plausible explanation for delay. It is further submitted that both the applicant and the victim are major. As per medical examination, no mark of injury was seen on the body of the victim. Thus, no offence is made out against the applicant. Coaccused persons namely, Dinesh Kumar and Nitesh Kumar have already been granted bail by this Court passed in Bail Application No. 29749 of 2022 vide order dated 25.7.2022. Hence the present applicant is also entitled for bail.

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Learned counsel further submits that the applicant has no previous criminal history and is in jail since 20.4.2022. Learned counsel further submits that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.

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Learned A.G.A. for the State has vehemently opposed the prayer for bail and submitted that the offence is serious in nature and applicant has no ground to be released on bail and the bail application is liable to be rejected.

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After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.

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Bail Application is allowed .

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Let applicant- Manish Bind be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 29.11.2022 Shravan

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Digitally signed by SHRAVAN KUMAR Date: 2022.11.29 17:21:52 IST Reason: Location: High Court of Judicature at Allahabad

Manish Bind v. State of U.P.

Case brief

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Manish Bind v. State of U.P.

Case brief

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