MANJOOR ALI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER
BAIL/6100/2025 · 2025-07-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148898 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148898 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39071 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6100 of 2025 Applicant :- Manjoor Ali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Rohit Kumar Tripathi,Divya Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that in the present case i.e., Case Crime No. 185 of 2016, the applicant was enlarged on bail. After the charge-sheet was filed on 19.6.2016, the applicant appeared before the learned trial court on each and every date. However, he could not remain present on
22.03.2024. The exemption application was filed by the applicant. However, the learned trial court has issued non- bailable warrant against him. It is further submitted that the applicant has explained criminal history of four cases in para no. 17 of the bail application. He is languishing in jail since 27.03.2025. He undertakes to cooperate in the trial. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, criminal antecedents of the applicant so also the fact that the offence is triable by a Magistrate; the applicant is languishing in jail since 27.3.2025; charge-sheet in the case has already been filed; the applicant undertakes to cooperate in the trial and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Manjoor Ali involved in Case Crime No. 185
of 2016, under Sections 395,397,412 IPC, Police Station- Tarabganj, District- Gonda, be released on bail on his 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) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.
Order Date :- 9.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench