MANOJ PATILDAR @ MANOJ PATIDAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
ABAIL/804/2025 · 2025-07-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152780 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42290 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 804 of 2025 Applicant :- Manoj Patildar @ Manoj Patidar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 0620 of 2017, under sections 419/420/467/468/471 I.P.C. and Section 60/72 of the U.P. Commercial Tax/Excise Act Police Station-Kotwali District-Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that on the basis of a tip- off, a truck was intercepted and found to be carrying one thousand cartons of liquor. During interrogation, the driver disclosed that the owner of the truck is co-accused Salman Shah.
Learned counsel for the applicant submits that the truck in question does not belong to the applicant. It is owned by co- accused Sachindra Singh @ Sachindra. The applicant has been falsely implicated solely on the basis of the confessional statement made by a co-accused while in police custody. The offences alleged are triable by a Magistrate. The applicant has no prior criminal record and undertakes to cooperate in the investigation. Learned AGA has opposed the bail plea, contending that the applicant is absconding since 2017. However, apart from the
confessional statement, no other incriminating material has been placed on record before this Court. On due consideration to the fact that the offences are triable by a Magistrate, the applicant has no previous criminal antecedents, and he has expressed willingness to cooperate in the investigation, I am of the view that the applicant deserves to be granted anticipatory bail in light of the Supreme Court's decision in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his full cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O.
concerned
call(s)
for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed.
Order Date :- 23.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench