Allowed

Munshilal v. State of U.P.

Allahabad HC5 Jan 2023BAIL/54801/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Allahabad High Court granted bail to Munshilal, a Senior Assistant accused of accepting bribe under Section 7 Prevention of Corruption Act, 1988, imposing conditions to ensure her presence and prevent abuse of liberty.

What did the court decide?

Released on bail under Section 439 Cr.P.C. subject to personal bond and two sureties, and strict conditions regarding court attendance and no-adjournment undertakings.

Munshilal Vs State of U.P. — Corruption | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54801 of 2022

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Applicant :- Munshilal Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Surendra Kumar Chaubey, learned counsel for the applicant, Sri J.P.S. Chauhan, learned counsel for the State and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.307 of 2022, under Section 7 of Prevention of Corruption Act, 1988 and Police Station Nauchandi, District Meerut. The accused-applicant is in jail since 13th September, 2022.

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The accused-applicant was employed in the office of Regional Transport Office on the post of Senior Assistant. The accused-applicant demanded and accepted Rs. 7,500/- in cash and he was trapped. The said currency notes amounting to Rs. 7,500/- were recovered from him.

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Learned counsel for the accused-applicant submits that the charge-sheet has already been filed on 11.11.2022. The offence entail punishment up to seven years and the applicant is in jail for almost four months.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the punishment for the offence for which applicant has been charge-sheeted and also taking into consideration the fact that the applicant is in jail for almost four months, I am of the view that the accused-applicant is entitled to be enlarged on bail.

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Let applicant Munshilal be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence

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when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant 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 her in accordance with law.

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[Dinesh Kumar Singh,J.]

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Order Date :- 5.1.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Munshilal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munshilal v. State of U.P.

Case brief

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