Allowed

Monu @ Manoj v. State of U.P. and Another

Allahabad HC6 Sept 2023ABAIL/9763/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C., the Allahabad High Court considered the applicant's plea for anticipatory bail based on parity with a co-accused. The Court allowed the application subject to personal bond and conditions.

What did the court decide?

Anticipatory bail allowed forthwith on furnishing a personal bond and two sureties each in the like amount subject to specified conditions.

Monu @ Manoj Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:175445

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9763 of 2023

¶4

Applicant :- Monu @ Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶8

Heard Sri Ram Shiromani Yadav, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State as well as perused the record.

¶9

The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.510 of 2014, registered under Section 376-D I.P.C. at Police Station- Dilari, District- Moradabad with a prayer to enlarge him on anticipatory bail.

¶10

Learned counsel for the applicant has submitted that coaccused person, Yogesh, has already been granted anticipatory bail by this Court vide order dated 28.6.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6858 of 2023. The criminal history of one case assigned to the applicant has been explained in paragraph 4 of the supplementary affidavit filed in Court today. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶11

The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

¶12

Considering the facts and circumstances of the case,

¶13

submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

¶14

In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Monu @ Manoj be released forthwith in the aforesaid complaint case (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶15

(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

¶16

(ii). that the applicant shall not, directly or indirectly make any 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 or to any police officer or tamper with the evidence;

¶17

(iii). that the applicant shall not leave India without the previous permission of the court;

¶18

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

¶19

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

¶20

(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶21

(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶22

It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

¶23

Order Date :- 6.9.2023 Vikas

¶24

[Krishan Pahal, J.]

¶25

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Monu @ Manoj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Monu @ Manoj v. State of U.P. and Another

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

Manoj Mishra and Another Vs State of U.P.

Kuldeep Vs State of U.P. and 3 Others

Rajesh Kumar Vs State of U.P. and Another

Omveer Vs State of U.P. and Another

Kallu Agrahari @ Sunil Kumar Agrahari Vs State of U.P.

Ashok Kumar Mishra Vs State of U.P.