Saturday, December 3, 2022

Allahabad High Court grants bail to Payal Kinnar in case related to attacking, feeding poisonous substances

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The Allahabad High Court has granted bail to Manoj alias Payal Kinnar, accused of causing grievous hurt with a sharp weapon and feeding poisonous substances.

A Single-Judge Bench of Justice Vivek Kumar Singh passed this order on Monday, while hearing a Criminal Miscellaneous Bail Application filed by the Eunuch.

This is the second bail plea on behalf of the applicant. The first bail application was rejected by the Bench on February 1, 2021. It has been contended by the Counsel for the applicant that the applicant has been falsely implicated in the case due to ulterior motives.

It is next contended that the victim in his statement u/s 164 Cr.P.C. has not mentioned the name of the prime accused/applicant. He states that the applicant was not present at the date and time of incident. He denied the role of the applicant to such effect that he does not remember who has committed the alleged offence, but it is made sure that the main accused/applicant has no role in the incident.

It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since July 19, 2019. It has been pointed out that the applicant has no criminal history.

The Additional Government Advocate vehemently opposed the prayer.

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The Court held that the Courts have taken notice of the overcrowding of jails during the current pandemic situation. These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

“Having heard the submissions of Counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh vs State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail,”

-the Court observed.

The Court ordered that let the applicant be released on bail in case under Sections 326 and 328 of IPC, registered at Police Station Civil Lines, District Moradabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

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“The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail”, the order reads.

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