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2025 DAILYLAW 110010 (ALL)

MANOJ ALIAS ISRAIL v. STATE OF U.P.

BAIL/45718/2024 · 2025-01-27

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13520 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45718 of 2024 Applicant :- Manoj Alias Israil Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. By means of the present bail application, the applicants seek bail in Case Crime No.92 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kairana, District- Shamli, during the pendency of trial. It is contended by learned counsel for the applicant that apart from the present case, four cases have been shown in the gang chart, in which, he has already been enlarged on bail by the court concerned. Copies of the bail orders have been appended as annexures-3 to 6 to the affidavit to bail application. It is further submitted that apart from the cases shown in the gang chart, applicant has criminal history of four other cases, in which the applicant has also been enlarged on bail, however, in all the cases he has already been enlarged on bail. It is next submitted that other co-accused namely Gulfam @ Satish and Atariya @ Vikas have already been enlarged on bail by this Court. The applicant is languishing in jail since 18.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail. On the other hand, learned AGA has vehemently opposed the prayer for bail, however, he does not dispute the aforesaid facts that in all the cases registered against the applicant, he has been enlarged on bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Manoj Alias Israil, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 27.1.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad