Allowed

Munabbar v. State of U.P.

Allahabad HC2 Aug 2023BAIL/19461/2023

Case brief

AI extract

What is this about?

Hon'ble Vivek Varma, J. allowed the bail application filed by Munabbar in a case involving cheating, forgery, and cow slaughter charges, releasing him on bail subject to standard conditions regarding appearance and witness tampering.

What did the court decide?

Applicant to be released on bail on furnishing a personal bond and two sureties each, on conditions of appearance and non-tampering with evidence or witnesses.

Munabbar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:153907

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19461 of 2023

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Applicant :- Munabbar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 139 of 2022, under Sections 420, 467, 468, 471 I.P.C., 5A/8 Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Wazirganj, District Budaun during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was not arrested at the spot. It is next contended that co-accused Akram, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 40094 of 2022, Akram v. State of U.P., vide order dated 09.09.2022. The applicant claims parity. The criminal history of the applicant has been explained in Paragraphs-3 to 15 of the supplementary affidavit. The applicant is in jail since 03.04.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Munabbar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 2.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Munabbar v. State of U.P.

Case brief

What is this about?

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Munabbar v. State of U.P.

Case brief

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