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2025 DAILYLAW 15466 (ALL)

MANISH YADAV v. STATE OF U.P.

BAIL/4129/2025 · 2025-09-11

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4129 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard Shri Pradeep Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Dhgirendra Pratap Singh, learned counsel for the informant and perused the record. 2. On the submission of learned counsel for the applicant that applicant is willing to return the entire amount to the informant within one month, this Court vide order dated 27.06.2025 granted interim bail to the applicant fixing 29.07.2025 as next date while directing him to submit demand draft of Rs. 5,30,000/- in favour of informant. Vide order dated 29.07.2025 the applicant was granted two weeks further time to bring the said demand draft and the case was directed to be listed on 12.08.2025 and it was also directed that in case of failure his interim bail shall be cancelled by the court concerned. 3. Learned counsel for the applicant submits that on 02.09.2025 the interim bail granted to the applicant has been cancelled by the court below, but he has not been send to jail as yet. Pursuant to the earlier order of this Court dated 27.06.2025, today the learned counsel for the applicant has produced two demand drafts of Axis Bank-(i) dated 10.09.2025 bearing No. 0000181654 of amount Rs. 3,30,000/- and (ii) dated 01.09.2025 bearing No. 000017 of amount Rs. 2,0,000/- in favour of informant, which has been accepted by the learned counsel for the informant. Photocopy of the those two demand drafts have been taken on record and is marked as 'X'. An endorsement has also been made by the counsel for the informant in the order sheet of the present bail application. Thus, no dispute of money remains between the parties which has raised the present proceeding against the applicant. 4. Learned A.G.A. for the State submits that since applicant has given the aforesaid demand draft of the amount in question which has been accepted on behalf of informant, thus, he may be enlarged on bail. Versus Counsel for Applicant(s) : Ajit Narain Mishra, Pradeep Kumar Singh, Sunil Kumar Pandey Counsel for Opposite Party(s) : Dhirendra Pratap Singh, G.A. Manish Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 5. After perusing the record and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also absence of any convincing material to indicate possibility of tampering with the evidence and considering that pursuant to the earlier order of this Court dated 29.07.2025 the disputed money has been given to the learned counsel for the informant by way of aforesaid two demand drafts which have also been accepted by the learned counsel for the informant, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant-Manish Yadav, involved in Case Crime No. 707 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3) of B.N.S. Police Station Cant, District Gorakhpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. 8. The bail application is allowed. September 12, 2025 Mustaqeem. BAIL No. 4129 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad