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2025 DAILYLAW 112177 (ALL)

MANISH v. STATE OF U.P.

BAIL/46403/2024 · 2025-02-10

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19269 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46403 of 2024 Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dewendra Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 674 of 2023, under Sections 307/34 IPC and 4/25 Arms Act, Police Station Nai Mandi, District Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith several others including co-accused Govinda and after considering entire facts of the case, co-accused Govinda has been released on bail by this Court and his bail order has been annexed at page 61 of the paper book and on facts, case of applicant is at par with him. 4. He further submitted that however, apart from the present case, applicant is having criminal history of nine other cases but his criminal antecedents have been explained in the instant bail application. He further submitted that out of nine cases, six cases were previous one and in three cases applicant has been made accused after the present matter. He further submitted that only due to previous criminal history applicant has been made accused in the present matter. 5. He further submitted that in the present matter, applicant is in jail since 24.12.2023 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that it is a case in which none of the police personal sustained injuries and similarly placed co-accused Govinda has already been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and in the present matter, applicant is in jail for last more than a year, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Manish, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad