Allowed

Munna Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC2 Jan 2024/15187/2023

Case brief

AI extract

What is this about?

The High Court allowed an application to correct the applicant's name and detention period in a bail petition. Subsequently, after hearing parties and observing that no specific role was assigned to the applicant compared to co-accused already on bail, the court granted bail for the accused in a riot and assault case.

What did the court decide?

Bail allowed on personal bond with two sureties; name corrected from Munna Singh to Munna Singh @ Dhodhe; detention period corrected from 21.03.2023 to 02.08.2023.

Munna Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:143

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15187 of 2023

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Applicant :- Munna Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nitin Kumar Mishra,Ankit Kumar Chaudhary

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Having regard to the request made on behalf of the applicant with regard to the correction in the name of the applicant, as shown in the memo of the bail application on the ground that the name of the applicant in the rejection order of the trial court of date 07.10.2023 is Munna Singh @ Dhodhe.

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The request of the applicant is accepted.

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The name of the applicant may be corrected from Munna Singh to Munna Singh @ Dhodhe.

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It is also submitted by learned counsel for the applicant that due to inadvertent error the period of detention of the applicant in jail has been wrongly written since 21.03.2023 while he is languishing in jail in this case since 02.08.2023.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Munna Singh @ Dhodhe for grant of bail, in Case Crime No. 97 of 2023, under Sections 147, 148, 323, 307, 504, 506, 324 and 34 I.P.C., Police Station Kotwali Dehat, District Gonda, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. General allegations of assault with 'lathi-danda' and 'farsa' as well as of firing with firearm has been levelled in the first information report as well as in the statement of the four injured witnesses, namely, Jata Shankar Singh, Rajesh Singh, Geeta

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Singh and Indra Bahadur Singh. However, no specific role or overt act has been attributed to the instant applicant.

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It is further submitted that though, recovery of any kind has been effected either from the applicant or on his pointing out and two of the injured persons are shown to have sustained incised wounds which could only be attributed to the coaccused Prince Singh from whom 'banka' is shown to have been recovered and he (Prince Singh) has been granted bail by a coordinate Bench of this Court, vide order dated 06.12.2023 passed in Criminal Misc. Bail Application No. 13248 of 2023.

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It is further submitted that other co-accused persons, namely, Himanshu, Sani Singh @ Rajneesh and (Ram Laut Singh and Ayushman Singh) standing on the identical footing as of the applicant have also been granted bail by co-ordinate Benches of this Court, vide orders dated 22.11.2023, 21.11.2023 and 05.12.2023 passed in Criminal Misc. Bail Application Nos. 6980 of 2023, 5939 of 2023 and 5530 of 2023, respectively.

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It is next submitted that applicant is languishing in jail in this case since 02.08.2023 and he is not having any criminal history and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant, but could not refute the submissions made on behalf of the applicant with regard to the fact that identically placed co-accused persons and even those who having graver role in the commission of crime, have been released on bail by coordinate Benches of this Court.

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Having heard learned counsel for the parties and having perused the record, it is reflected from the record that general allegations of assault with 'lathi-danda, banka and farsa' has been assigned to all the accused persons named in the F.I.R. as well as in the statement of the injured persons. However, no specific role or overt act has been assigned to the instant applicant. 'Banka' is shown to have been recovered on the pointing of the co-accused person Prince Singh, who has already been granted bail by a co-ordinate Bench of this Court. Other co-accused persons, namely, Himanshu, Sani Singh @ Rajneesh and (Ram Laut Singh and Ayushman Singh) standing on the identical footing as of the applicant, have also been granted bail by co-ordinate Benches of this Court. Applicant is languishing in jail in this case since 02.08.2023 without any criminal antecedents and the presence of the applicant may be

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secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Munna Singh @ Dhodhe involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 2.1.2024 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Munna Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Munna Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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