Allowed

Manvendra Singh v. State of U.P.

Allahabad HC31 Oct 2022BAIL/44985/2022

Case brief

AI extract

What is this about?

This bail application was filed by Manvendra Singh. The High Court Bench granted bail subject to specific conditions regarding court appearances and preventing adjournments. The trial court is authorized to impose CPC and IPC penalties for bail misuse.

What did the court decide?

Release of applicant on bail with a personal bond and two sureties, subject to conditions of appearance and no adjournments.

Manvendra Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 92

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44985 of 2022

¶3

Applicant :- Manvendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gajendra Kumar,J.

¶5

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.

¶6

The present bail application has been filed by the applicant seeking bail in Case Crime No.516 of 2018, under Sections 419, 420, 406, 323, 504, 506 of IPC, Police Station- Khandauli, District-Agra.

¶7

As per prosecution story, it has been alleged that on being asked to return the money deposited as installment of B.C. which was run by father of the applicant, the applicant committed mar peet with the informant and also threatened to kill him.

¶8

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is submitted that the first informant and the witnesses are the same family members. It is further submitted that the applicant has not taken any penny from the informant as installment. It is further submitted that the charge-sheet has been submitted in the matter and the cognizance has been taken by the the Magistrate, therefore, there is no chance of tampering with the evidence. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 01.09.2022 and the possibility of conclusion of trial in near future is very bleak.

¶9

Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.

¶10

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it

¶11

to be a fit case for granting bail.

¶12

Let applicant- Manvendra Singh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶13

(i) 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.

¶14

(ii) 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.

¶15

(iii) In case, the applicant misuse 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 fail 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.

¶16

(iv) 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.

¶17

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

¶18

Order Date :- 31.10.2022 SK Goswami

¶19

Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.31 17:10:00 IST Reason: Location: High Court of Judicature at Allahabad

Manvendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manvendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sultana Praveen @ Aunty @ Sultana Seraj Vs State of U.P.

Vishal Sharma Vs State of U.P.

Adesh Vs State of U.P.

Shubham Varnwal Vs State of U.P.

Aslam Vs State of U.P.

Narayan Dubey Vs State of U.P.