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2025 DAILYLAW 106670 (ALL)

MANISH SINGH v. STATE OF U.P.

BAIL/42469/2024 · 2025-02-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26702 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42469 of 2024 Applicant :- Manish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the parties and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2024, under Sections 318 (4), 308 (5), 336 (3), 338, 340 (2) BNS and Sections 66D, 66E of Information Technology Act, registered at Police Station Sector- 20, District Gautam Budh Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 against three unknown persons alleging that the informant who is a doctor was searching for a flat to be taken on rent. A dealer took him to a flat where two persons were already there. They beaten up the informant, snatched away his mobile phone, took off his clothes and prepared his photo and video. One of them was having a pistol and the other was having a lathi and they demanded Rs.10,00,000/- for releasing the informant and they made him transfer Rs.2,49,000/- through online mode by blackmailing him. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant has been implicated in the present case on the basis of an information received from a mukhbir. 5. In the counter affidavit filed by the State it has been stated that the mobile number used for calling the informant to the flat has been recovered from the applicant, however, copy of the recovery memo has not been annexed with the counter affidavit. 6. The learned counsel for the applicant has disputed that any mobile has been recovered from the applicant. 7. In the statement of the informant recorded by the Investigating Officer, he stated that he had only been threatened and he was not beaten up which statement is at variance with the version of the informant taken in the F.I.R. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 27.07.2024, whereas the F.I.R. has been lodged on 30.08.2024 and there is no explanation for the delay; that the version of the informant in the F.I.R. and the statement given to the Investigating Officer contains some material discrepancies and there is no material to establish that any amount has been transferred to the applicant's bank account coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 30.08.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Manish Singh 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad