Allowed

Munna Lal @ Rama Shankar v. State of U.P.

Allahabad HC15 Jul 2022BAIL/7328/2022

Case brief

AI extract

What is this about?

The Allahabad High Court, through a Single Judge, allowed the bail application of Munna Lal, accused of murder, who alleged false implication in a rival murder case. The court found merit in the counsel's submissions that there was no direct evidence against the applicant and granted bail subject to strict conditions.

What did the court decide?

Release on bail via personal bond and two sureties in equal amount, contingent on strict conditions to prevent tampering with evidence and ensuring attendance at trials.

Munna Lal @ Rama Shankar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7328 of 2022

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Applicant :- Munna Lal @ Rama Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application, the applicant has prayed to be enlarged on bail in Complaint Case No. 944 of 2016 at Police Station Sirsaganj District Firozabad under Section 302 I.P.C. The applicant is in jail since 08.12.2021.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Firozabad on 20.01.2022.

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Shri Yogesh Kumar Srivastava, learned counsel and Shri Noor Muhammad, learned counsels contend that the applicant has been falsely implicated in the instant case. The son of the applicant had an illicit relationship with one Gomati Devi who was the wife of the deceased Kishori Lal. The son of the applicant and his love interest Gomati Devi committed the murder of Kisholi Lal. The family members of Gomati Devi namely Hakim Singh, Kallu and Bhanu Pratap soon thereafter exacted their revenge by killing the son of the applicant. The applicant was nominated as a

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counterblast by the wife of the principal offender Hakim Singh to force the applicant to repudiate the prosecution case against the said Hakim Singh in the murder of his son. Upon investigation, it was found that the applicant had been falsely implicated by Meera Devi who is the wife of Hakim Singh and a final report was filed in the case. The said Meera Devi instituted a protest petition in which the applicant was summoned. Nomination of the applicant is actuated by malice only to exert pressure on him in the criminal case against her husband Hakim Singh wherein the applicant is a star prosecution witness. There is no direct evidence against the applicant. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Munna Lal @ Rama Shankar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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 bail cancellation application before this Court.

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Order Date :- 15.7.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.07.15 16:57:09 IST Reason: Location: High Court of Judicature at Allahabad

Munna Lal @ Rama Shankar v. State of U.P.

Case brief

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Munna Lal @ Rama Shankar v. State of U.P.

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