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2025 DAILYLAW 30534 (ALL)

MANOJ KUMAR v. STATE OF U.P.

BAIL/9175/2025 · 2025-03-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39324 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9175 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh,Durgesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Sri Pramod Kumar Dwivedi, learned Advocate has filed Vakalatnama on behalf of the informant, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 389 of 2024, registered under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Sasni Kotwali, District- Hathras, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged with malicious intention to harass the applicant. On perusal of contents of first information report, no criminal offence is made out. It is a civil nature dispute. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since 24.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the bail prayer of the applicant and submitted that applicant deliberately executed the alleged sale- deed without being owner of the property. Prima facie, offence is made out against the applicant, as such, applicant should not be released on bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Manoj Kumar, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad