Mayank @ Munendra Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Mayank @ Munendra Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Mayank @ Munendra to be released on bail in Case Crime No.139 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties and the imposed conditions.

Issue for consideration

Whether applicant Mayank @ Munendra, arraigned in Case Crime No.139 of 2024 (Police Station Bahadurgarh, District Hapur) under Sections 85, 115(2), 61(2), 80 B.N.S. and Sections 3/4 D.P. Act, is entitled to release on bail during the pendency of trial on the ground of parity with co-accused Pushpa, who has already been enlarged on bail.

Court's answer

The applicant has made out a case for grant of bail on the ground of parity, his role being identical to that of co-accused Pushpa already enlarged on bail; the bail application is allowed on the ground of parity, without expressing any opinion on the merits.

Ratio / Principle

Applicant Mayank @ Munendra is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; sureties to be verified before issuance of the release order.

Key takeaways

Bail conditions: (i) applicant shall not tamper with evidence during trial; (ii) applicant shall not pressurise/intimidate the prosecution witnesses; (iii) applicant shall appear before the trial court on the date fixed; breach of any of the above conditions shall be a ground for cancellation of bail.ratio¶18
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶19

Detailed headnote1 paragraphs

Bail granted on parity — High Court of Judicature at Allahabad (Krishan Pahal, J.; order dated 9.7.2025) allowed the bail application of Mayank @ Munendra, brother-in-law (Devar) of the deceased, involved in Case Crime No.139 of 2024, Police Station Bahadurgarh, District Hapur, under Sections 85, 115(2), 61(2), 80 B.N.S. and Sections 3/4 D.P. Act, during the pendency of trial. His role was identical to that of co-accused Pushpa, who had already been enlarged on bail by a co-ordinate Bench vide order dated 17.3.2025 in Criminal Misc. Bail Application No.4064 of 2025 — a fact not disputed by the learned A.G.A. The applicant was in jail since 26.09.2024 and no criminal history was stated. The decision was taken in light of Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi v. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825, expressly without expressing any opinion on the merits. Release ordered on a personal bond with two sureties each in the like amount, subject to conditions; breach of any condition to be a ground for cancellation of bail; observations not to affect the trial Judge's independent assessment.

Neutral Citation No. - 2025:AHC:108155

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17200 of 2025

Applicant :- Mayank @ Munendra Opposite Party :- State of U.P. Counsel for Applicant :- Aqueel Ahmad,Kripa Shankar Tiwari,Vaibhav Tyagi,Vinit Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Aqueel Ahmad, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.139 of 2024, under Sections 85, 115(2), 61(2), 80 B.N.S. and 3/4 D.P. Act, Police Station Bahadurgarh, District Hapur, during the pendency of trial.

It is submitted by learned counsel for the applicant that the applicant is the brother-in-law (Devar) of the deceased and similarly placed co-accused person Pushpa has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 17.3.2025 passed in Criminal Misc. Bail Application No.4064 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 26.09.2024. In case, he is released on bail, he will not misuse the liberty of bail.

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.

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 judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Mayank @ Munendra , who is involved in aforementioned case crime 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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

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

Order Date :- 9.7.2025 (Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad