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2025 DAILYLAW 11399 (ALL)

MANOJ KUMAR v. STATE OF U.P.

BAIL/2666/2025 · 2025-02-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19957 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2666 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Nipun Singh,Vivek Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.111/2021, under Sections 147, 148, 149, 452, 307, 323, 324, 332, 353, 427 I.P.C., Police Station Bhaurakalan, District Muzaffarnagar during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, nine accused including the applicant are alleged to have assaulted five persons. As per the medical report of the five injured, the injuries sustained by them were found simple in nature. Even in the statement of the injured no specific role has been assigned to the applicant. Vague and general allegations have been levelled against the applicant. The applicant is in jail since 11.12.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that in the statement of injured no specific role has been assigned to the applicant. A vague role has been assigned to the applicant. The applicant has no criminal antecedents. Further, the applicant has remained confined for more almost two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Manoj Kumar involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad