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2025 DAILYLAW 35225 (ALL)

MANOJ KUMAR v. STATE OF U.P.

BAIL/11171/2025 · 2025-04-29

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68027 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11171 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Maurya,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Shri Pramod Kumar Maurya, learned counsel for the informant has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Shri Mohd. Rais Ansari, holding brief of Shri Pramod Kumar Maurya, learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant submits that as per the allegations made in the F.I.R. the applicant is said to have been marginal witness in the execution of alleged sale deed. The applicant is not the beneficiary of the amount with regard to the alleged sale deed. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 06.02.2025, with no criminal history. 4. Though, the learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail but they could not dispute the above submission made on behalf of the applicant. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Manoj Kumar, be enlarged on bail in Case Crime No. 413 of 2024, under Sections 319(2), 318(4), 338, 336(3), 61(2), 340(2), 339, 352, 351(3) of B.N.S., Police Station- Geeda, District- Gorakhpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 30.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad