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2025 DAILYLAW 155108 (ALL)

MANJOOR @ MANJU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7120/2025 · 2025-08-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44656 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7120 of 2025 Applicant :- Manjoor @ Manju Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.0112 of 2025, under Sections 109/352 BNS and Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and 3/25 Arms Act, Police Station Baldirai, District-Sultanpur. As per contents of First Information Report, incident is said to have taken place on 11.05.2025 when a police team acting upon an information supplied, is said to have apprehended the applicant along with beef. It is stated that during the course of apprehending applicant, he is said to have fired upon police party. Recovery of illegal country made pistol along with beef is stated. Learned counsel for the applicant submits that the applicant was not arrested from the spot and no recovery has been made from him. His name has surfaced only in the confessional statement of co-accused Shameem @ Civil. The applicant has explained the criminal history involving seven cases in the bail application and the supplementary affidavit. It is further submitted that the applicant is in jail since 21.07.2025 and the charge-sheet in the matter has already been filed. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 21.7.2017; he has explained the criminal history of seven cases; charge-sheet has been filed in the matter; without expressing any opinion on 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 @ Manju be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)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 174-A of the IPC (now Section 209 BNS). Order Date :- 1.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench