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2025 DAILYLAW 175957 (ALL)

MANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10276/2025 · 2025-11-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10276 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it has been alleged that land bearing Gata No. 499, belonging to the informant, has been fraudulently sold to one Soni Kumari by a person impersonating the informant, and a registered sale deed in that regard was executed on 27.04.2022. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that co-accused persons, namely, Kuldeep Yadav, Mukesh Kumar Yadav, Dharmendra Kumar @ Sonu, and Satish Kumar Sharma @ Raju, have already been granted bail, copies of which are annexed as Annexures No. 7 to 10 to the bail application. The applicant has also explained criminal history of eight cases in paragraph 7 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail, contending that the applicant has a chequered criminal history of similar nature, and in several cases, he has not been granted bail. It is nonetheless submitted that the charge sheet in the present matter has already been filed. Versus Counsel for Applicant(s) : Jitendra Prakash Mishra, Ram Lal, Shailesh Tripathi Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Upon due consideration of the submissions advanced and having regard to the fact that the offences alleged are triable by the Magistrate, the charge sheet has been submitted, the applicant has explained his criminal antecedents relating to eight cases, and he is in judicial custody since 12.10.2022, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Manish involved in Case Crime/FIR No.931 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station-Kotwali Nagar, District-Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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 BAIL No. 10276 of 2025 2 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 10, 2025 R.C. BAIL No. 10276 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench