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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36106 of 2024 Court No. - 19 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved by the accused/applicant- Manoj @ Aryan Chauhan, for grant of bail, in Case Crime No. 1 of 2024, under Sections 417, 418, 419, 420, 384, 467, 468, 411 I.P.C. and Section 66-D of Information Technology Act, Police Station- Cyber Crime Police, District- Sant Kabir Nagar, during the pendency of trial. 3. Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence, as claimed by the prosecution. 4. It is further submitted that applicant is an innocent person and he never impersonated to be the Jailer and never made any conversation with the complainant and the case is false and no evidence is available, whatsoever, as far as the conversation has taken place between the accused-applicant and the complainant. The applicant is in jail in this case since 7.4.2024 and criminal history of fourteen cases has been explained and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty. 5. Learned A.G.A., on the other hand, opposes the prayer of bail of the applicant and submits that the offence committed by the accused- applicant is not only deliberate, but a designed act in order to impersonate himself to be a Jailer and extract, rather extort money from the innocent Versus Counsel for Applicant(s) : Ganesh Shanker Srivastava, Surendra Mohan Mishra, Vishveshwar Mani Tripathi Counsel for Opposite Party(s) : G.A. Manoj @ Aryan Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
persons. The said act of the accused-applicant is not only deliberate, but in order to deceive and extract money from the innocent persons and therefore, no lineancy or sympathy be given to such persons, who not only misuse the position, but also impersonate to misuse the power and authority of a particular post, therefore the accused-applicant is not entitled to be enlarged on bail. 6.
Having considered the rival contentions and after going through the affairs and related case diary, it is seen that the illegal gratification in the name of getting out the brother of complainant/ informant, from jail is stated to be Rs.50,000/- and a sum of about Rs.46,000/- has already been made. The said money can be taken or released by the complainant/ informant in accordance with law. As far as the criminal history of the accused-applicant of fourteen cases is concerned, in most of the case, he has been released on bail and therefore, by taking into consideration the amount involved and other circumstances, there are sufficient grounds available to the accused-application to be enlarged on bail. Applicant is in jail in this case since 7.4.2024. The presence of the applicant could be secured before the trial court by placing adequate conditions. 7. Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed. 8. Let the accused/applicant- Manoj @ Aryan Chauhan involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation and trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or BAIL No. 36106 of 2024 2
commission of any crime after being released on bail. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10.
Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 11. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. February 24, 2026 Gurpreet Singh BAIL No. 36106 of 2024 3 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad