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2025 DAILYLAW 50563 (ALL)

MANSHARAM v. STATE OF U.P.

BAIL/14551/2025 · 2025-07-31

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129395 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14551 of 2025 Applicant :- Mansharam Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Ajai Kumar Mishra,holding brief of Sri Dileep Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application, seeking bail, has been moved by the applicant-accused-Mansharam involved in Case Crime No.01 of 2025, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station-Makkhanpur, District-Firozabad. 3. Learned counsel for the accused-applicant, contends that the accused is on bail in the case shown in the gang chart and in criminal history. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The criminal history and the nature of offences mentioned in the criminal history has been considered. The record prima facie reveals that there are two cases mentioned in the gang chart, wherein the accused is on bail. In the criminal history, sixteen cases are mentioned, which are duly explained in the supplementary affidavit, out of which in three cases the applicant has been acquitted, in two cases final report has been submitted, three cases are of Goonda Act and in remaining cases, he is on bail. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. He is in jail since 05.04.2025. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 1.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad