Allowed

Munna and Another v. State of U.P.

Allahabad HC21 Nov 2023BAIL/48212/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail for applicants in a criminal trial involving Sections 147, 308, and 323 IPC. Relying on the parity with a co-accused already granted bail, the court ordered release subject to personal bond and specific conditions regarding court attendance and conduct.

What did the court decide?

Applicants released on bail upon furnishing a personal bond and two sureties each, subject to verification and specific conditions of conduct and attendance.

Munna and Another Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220610

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48212 of 2023

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Applicant :- Munna And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jay Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Jay Singh Yadav, learned counsel for the applicants, Sri Shiv Sevak Ram Dwivedi, learned A.G.A. for the State and perused the material placed on record.

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Applicants seek bail in Case Crime No. 797 of 2021, under Sections 147, 308, 323 I.P.C., Police Station Puranpur, District Pilibhit, during the pendency of trial.

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It is submitted by learned counsel for the applicants that similarly placed co-accused person, Noor Miyan has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 7.4.2022 passed in Criminal Misc. Bail Application No.14298 of 2022. The applicants are languishing in jail since 1.9.2023, having no criminal antecedents to their credit. He further submitted that since the roles of the applicants are identical to that of co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.

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The prayer for 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.

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Considering the facts and circumstances of the case, 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 applicants have

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made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicants- Munna and Arbaaz , who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses.

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Order Date :- 21.11.2023 Vikas

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[Krishan Pahal, J.]

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

Munna and Another v. State of U.P.

Case brief

What is this about?

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Munna and Another v. State of U.P.

Case brief

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