MANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/9390/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167349 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167349 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9390 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Jitendra Kumar Mishra, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.933 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2022 against 5 persons, not including the applicant, stating that an unknown woman had executed a sale deed in respect of the complainant's land in favour of the name accused Ravindra Kumar Mishra and the execution of the sale deed was witnessed by Kuldeep and Madan Lal. The complainant stated that another co-accused person Dharmendra Kumar Singh runs a gang which sell properties of persons on the basis of forged documents. 4. In the statement of one of the accused persons Madan Lal, he stated that the applicant is also a member of his gang. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 6. The applicant's involvement in 8 other criminal cases has been disclosed in para 6 of the affidavit filed in support of the application, in one of which he has been granted bail. Versus Counsel for Applicant(s) : Jitendra Prakash Mishra, Ram Lal Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
7. It has been stated by filing a supplementary affidavit that in some other cases, bail applications of the applicant are pending. 8. Learned A.G.A.-I has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 04.01.2023. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. and no allegations have been levelled against him either in the F.I.R. or in the statement of the complainant; that the applicant has been implicated on the basis of custodial statement of a co-accused person wherein he stated that the applicant is a member of his gang but even in his statement there is no specific allegation of commission of any specific act by the applicant in connection with the present offences and that the applicant is languishing in jail since 15.10.2022 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant - Manish be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 26, 2025 S. Shivhare BAIL No. 9390 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench