Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 826 (ALL)

Manvendra @ Monu v. State of U. P.

2016-03-04

RAJESH DAYAL KHARE

body2016
JUDGMENT Rajesh Dayal Khare,J. This is the second bail application of the applicant before this Court as the earlier bail application of the applicant has been rejected by this Court vide order dated 26.11.2015. 2. Heard learned counsel for the applicant and learned A.G.A. for State. 3. It is contended by learned counsel for the applicant that the allegations against the applicant is that the applicant had illicit relation with the deceased on account of which she had came in a family way, thereafter, four persons came and took her away and got her aborted. Learned counsel further contends that as per post mortem report, the cause of death is septicaemic shock resulting missed abortion. It is thus argued that it is not a case of poisoning as pleaded in the bail application. Learned counsel has next argued that one of the co-accused has been exonerated, another co-accused Gyan Singh has been granted bail and after completion of investigation final report was submitted and on the protest petition, the applicant was summoned and thereafter sent to jail. It is thus contended that the applicant has been falsely implicated due to ulterior motive. It is next argued that the applicant is neither a previous convict nor he has any previous criminal history and that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12.08.2015. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Perused the first information report as well as averments contained in the bail application. 6. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Manvendra @ Monu, involved in Case Crime No.138 of 2012, under Section 314 I.P.C., Police Station Ajitmal, District Auraiya, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant shall not tamper with the prosecution evidence. 2. The applicant shall not pressurize the prosecution witnesses. 3. The applicant shall not tamper with the prosecution evidence. 2. The applicant shall not pressurize the prosecution witnesses. 3. The applicant shall appear on the date fixed by the trial Court. 7. In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.