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2025 DAILYLAW 166778 (ALL)

SALMAN MANJAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/122/2024 · 2025-09-17

Subhash Vidyarthi

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 122 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody appears on behalf of the applicant to press the instant application. Smt. Shikha Sinha, the learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 06.11.2024 by a Coordinate Bench of this Court: " Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 404 of 2024 under Sections 318 (4), 338, 340 (2), 336 (3) BNS Police Station -Ghazipur District- Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter with ulterior motive. He submits that he is an student and he never committed such offence. He added that he had given certificate to another co-accused for the purpose of applying admission in B. Pharma but it seems that the co-accused persons had used the same for registration in pharmacy, which was not in the knowledge of the applicant. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added Versus Counsel for Applicant(s) : Vinod Kumar Pandey, Sandhya Bharti Counsel for Opposite Party(s) : G.A. Salman Manjar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that there is ample evidence to show the complicity of the applicant in the alleged crime and therefore, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Salman Manjar shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the week commencing 2.12.2024. In the meantime, learned counsel for the State may file counter affidavit" 3. The Sate has filed a counter affidavit opposing the anticipatory bail but there is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant. NABAIL No. 122 of 2024 2 4. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 06.11.2024 granting anticipatory bail to the applicant. 5. In view of above, the interim order dated 06.11.2024 is made absolute and the anticipatory bail application is allowed. September 17, 2025 Preeti NABAIL No. 122 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench