Allowed

Munna Alias Masarraf Khan v. State of U.P.

Allahabad HC24 May 2023BAIL/23231/2023

Case brief

AI extract

What is this about?

This bail application was heard by the High Court. The court observed that the applicant's name was not in the FIR and he had no criminal history. Considering the circumstances where the case stands on better footings, the court allowed the bail application and released the accused on personal bond and two heavy local sureties subject to standard conditions.

What did the court decide?

Application allowed; accused released on personal bond and two heavy local sureties subject to standard bail conditions.

Munna Alias Masarraf Khan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:114185

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23231 of 2023

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Applicant :- Munna Alias Masarraf Khan Opposite Party :- State of U.P. Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,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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Learned counsel for the applicant submits that the applicant is not named in the F.I.R. and his name came into light during investigation. He further submits that the two named accused persons have been exonerated. He next submits that by the efflux of time, trial began and during the trial, the statement of P.W.1 was recorded, who has denied the allegations made against the applicant. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.03.2022, having no criminal history. Learned counsel has lastly argued that the co-accused namely Nanku @ Munabbar Khan has already been enlarged on bail by this Court vide order dated 22.03.2023 passed in Criminal Misc.

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Bail Application No. 30670 of 2022, copy of which order is annexed as Annexure-12 to the affidavit accompanying the bail application. It is next contended that the case of the applicant stands on better footings and thus the applicant is entitled for bail.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Munna alias Musarraf Khan involved in Case Crime No.67 of 2022 under Section 302 I.P.C., Police Station Fatehganj West, District Bareilly, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the

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commission of he is suspected.

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E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 24.5.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Munna Alias Masarraf Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munna Alias Masarraf Khan v. State of U.P.

Case brief

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What did the court decide?

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