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2025 DAILYLAW 48852 (ALL)

MUNNALAL PATEL v. STATE OF U.P.

BAIL/13862/2025 · 2025-05-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82384 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13862 of 2025 Applicant :- Munnalal Patel Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shailesh Kumar Tripathi, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Munnalal Patel, seeking enlargement on bail in Case Crime No. 276 of 2024, under Sections 4/25 Arms Act, Police Station Mirzamurad, District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.12.2024. Learned counsel for the applicant submits that as per prosecution version, the applicant had cut the finger of the wife of the informant by Gadansa, but as per injury report and also as per the statement of the doctor, no injury was found on the person of the wife of the informant, this fact is very well established from the order passed by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 12923 of 2025 . Learned counsel for the applicant submits that in other sections arisen out of the same case crime number, the applicant has already been released on bail by co- ordinate Bench of this Court in Crl. Misc. Bail Application No. 12923 of 2025 on 21.4.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Munnalal Patel , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 17.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad