Allowed

Manoj Modanwal v. State of U.P.

Allahabad HC21 Nov 2023BAIL/44898/2023

Case brief

AI extract

What is this about?

This High Court bail application allowed the release of Manoj Modanwal pending trial in a forgery and cheating case. The judge granted bail noting the applicant's custody period exceeded three months post-charge-sheet and no strong apprehension was established.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of appearance and non-interference with evidence.

Manoj Modanwal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220098

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44898 of 2023

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Applicant :- Manoj Modanwal Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant as well as learned A.G.A. for the State 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. 197 of 2022 under Sections 419, 420, 406. 409, 120-B I.P.C., Police Station- Gulriha, District- Gorakhpur, during the pendency of the trial.

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Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has not committed any forgery nor is responsible for the same, as he has not issued any cheque or letter to any of the victim or the informant, as he is the Pradhanpati and not the Pradhan of the village. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 12.08.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned counsel for the informant and learned A.G.A. have 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 more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the

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case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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

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(i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (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 :- 21.11.2023

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S.Verma

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

Manoj Modanwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Modanwal 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

Statutes considered

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