Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109373 (ALL)

MANSINGH v. STATE OF U.P. AND ANOTHER

BAIL/44400/2024 · 2025-02-11

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:19856 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44400 of 2024 Applicant :- Mansingh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Shah Singh,Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed today, by the learned A.G.A. is taken on record. Heard learned counsel for the applicant and Shri Purushottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Mansingh, seeking enlargement on bail in Case Crime No. 77 of 2023 under Sections 307 and 34 I.P.C. at Police Station Nadigaov, District-Jalaun. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 31.07.2024. First Information Report has been lodged on 06.07.2023, after a delay of three days for an incident took place on 03.07.2023 with the allegation the applicant has forcibly thrown the victim in the well. In the present case charge sheet has been filed 01.09.2024. Criminal history of two cases except the present one has been explained in paragraph no. 13 of the affidavit filed in support of bail application. Co-accused, Ramsiya, has been granted bail by coordinate Bench of this Court in Criminal misc. Bail Application No. 26952 of 2024, vide order dated 24.07.2024 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, but could not dispute then aforesaid facts. Considering all those 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, Mansingh, 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 :- 11.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad