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2025 DAILYLAW 191584 (ALL)

MANOJ SINGH v. STATE OF U.P.

BAIL/34905/2025 · 2025-10-09

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34905 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed by today by learned counsel for the applicant, which is taken on record. 2. Heard Sri Akhilesh Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-opposite party and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 573 of 2025, under Sections 3,5,7, 25 of Arms Act, Police Station-Quarsi, District Aligarh. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 08.07.2025. There is criminal history of only one case against the applicant, which is explained in para no. 3 of the supplementary affidavit, in which applicant in on bail. 5. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant is not a manufacturer of the alleged weapon, he is only a customer. No case under aforesaid sections is made out against the applicant. Recovery as shown by the police is a planted one. There is no independent witness of the alleged recovery. Only due to village party bandi, he was falsely implicated in this case. Versus Counsel for Applicant(s) : Akhilesh Srivastava, Saksham Srivastava Counsel for Opposite Party(s) : G.A. Manoj Singh .....Applicant(s) State of U.P. .....Opposite Party(s) Charge-sheet has been submitted against the applicant on 11.07.2025 and cognizance has been taken on 06.09.2025. Hence, bail has been prayed for. 6. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 7. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Manoj Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 10, 2025 Vibha Singh BAIL No. 34905 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad