Allowed

Munna Lal Sankhwar v. State of U.P. Thr. Its Sec. Home U.P.

Allahabad HC21 Sept 2023BAIL/5865/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Munna Lal Sankhwar challenging incarceration. Court found no convincing evidence of tampering and allowed bail with standard conditions regarding trial attendance and non-tampering.

What did the court decide?

Released on bail on furnishing personal bond and two heavy local sureties subject to conditions regarding trial attendance and non-tampering.

Munna Lal Sankhwar Vs State of U.P. Thr. Its Sec. Home U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183359

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5865 of 2023

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Applicant :- Munna Lal Sankhwar Opposite Party :- State Of U.P. Thr. Its Sec. Home U.P. Counsel for Applicant :- Shailesh Singh Yadav,Ajay Kumar 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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According to the prosecution story, on 13.11.2022 at about 06:00 P.M. the first informant's village uncle namely, Ram Asray had gone to see fair and when he was returning, on the way, dispute between Munna Lal (applicant) and his village uncle Ram Asrey, had taken place, who had beaten him with lathi, danda, fists and kicks, due to which, he was bleeding and was lying on the spot, which was told to the informant, thereafter the informant along with his brother Anurag took him away.

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Learned counsel for the applicant submits that there is no eye witness of the alleged incident. The independent witness, namely Ram Babu, who is said to be an eye-witness, has stated that the incident took place in front of his grocery shop with regard to serving of wine between the applicant and the deceased, thereafter they started quarrelling and abusing each other. He has also stated that he closed his shop and went inside his house but their altercation was continued. On the next day, in the morning, he saw that the Ram Asrey was lying injured in front of his house. Learned counsel argued that the incident is alleged to have taken place on 13.11.2022 but according to the prosecution story, the informant took the injured on the same day whereas, the independent eye-witness has specifically stated that on the next day, he saw Ram Asrey was lying in front of his house and thereafter, he called his family members thus, the prosecution story

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appears to be false and concocted. He next submits that recovery of danda has been made on the pointing of the applicant, which is false and that there is no motive for the applicant to commit such offence. Learned counsel further argued that the deceased was alcoholic and unmarried whereas, the informant is his nephew and only to grab his property, the informant has cooked up a false and fabricated story against the applicant. It is thus contended that the applicant has been falsely implicated in the present case. 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 18.11.2022, having no criminal history.

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Per contra, learned A.G.A. 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.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Munna Lal Sankhwar involved in Case Crime No.231 of 2022 under Sections 323, 504, 506, 304 I.P.C., Police Station Gajner, District Kanpur Dehat, 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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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant 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 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed.

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Order Date :- 21.9.2023 S.Ali

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

Munna Lal Sankhwar v. State of U.P. Thr. Its Sec. Home U.P.

Case brief

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Munna Lal Sankhwar v. State of U.P. Thr. Its Sec. Home U.P.

Case brief

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