Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17939 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45337 of 2024 Applicant :- Monu Singh @ Mona Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar,Gulab Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Gulab Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.
2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 203 of 2024, under Section 319(2), 318(4), 338, 336(3) and 340 BNS and Section 66C & 66D Information Technology Amendment Act, 2008, Police Station Raniya, District Kanpur Dehat during pendency of the trial.
3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with co-accused Jai Singh and after considering entire
facts of the case bail application of co-accused Jai Singh has already been allowed by this Court vide order dated 27.1.2025 passed in Criminal Misc.Bail Application No. 1590 of 2025 and on merit case of applicant is at par with him.
4. He further submits that however, apart from the present case applicant is also having criminal history of one another case of fraud and cheating but his criminal history has been disclosed in the instant bail application.
5. He further submits that all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since
11.10.2024.
6. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the
learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the case.
8. Considering the fact that similarly placed co-accused Jai Singh has already been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 11.10.2024, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant-Monu Singh @ Mona be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for
cancellation of the bail of the applicant.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 7.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad