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2025 DAILYLAW 53374 (ALL)

MANISH @ ANSHU v. STATE OF U.P.

BAIL/15067/2025 · 2025-05-05

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72968 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15067 of 2025 Applicant :- Manish @ Anshu Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Manish @Anshu has filed the instant bail application with a prayer to enlarge him on bail in Crime No.15 of 2025, under Sections 109(1), 126(2), 191(2), 115(2), 351(3), 352, 110, 117(2) B.N.S., Police Station Shamshabad, District Agra, during the pendency of the trial. 3. The prosecution story is that on 20.01.2025 at about 08:30, the informant along with his driver has gone towards Shamshabad and as soon as he reached near Jahan Singh turning, a red colour MG Hector vehicle bearing registration No. UP83BC8999 came in front of the applicant's vehicle. The accused applicant along with his brother Ravi and three-four unknown persons armed with lathi, danda and iron rod alighted from their vehicle and dragged the dragged the informant from his vehicle. The applicant assaulted on his head with iron rod. 4. Learned counsel for the applicant submits that the incident is alleged to occurred on 20.01.2025 at about 20:30 hours, whereas the F.I.R. has been lodged on 23.01.2025 at about 11:14 hours without there being any plausible explanation of such an inordinate delay. He further submits that the applicant and informant were engaged in sand business due to which, dispute arose between them. Learned counsel further argued that the informant sustained some injuries in an accident and taking undue advantage of the same, the applicant has been falsely roped in the present case. He further submits that nothing has been recovered either on the pointing or from the possession of the applicant and that the applicant has no concerned with the alleged offence. 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 applicant is languishing in jail since 20.03.2025. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that there is specific allegation against the applicant. He further submits that statement of the informant as well as witnesses recorded under Section 180 of B.N.S., fully corroborates the prosecution story. He next submits that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Perusal of the statement of the injured shows that specific role of assault by iron rod has been assigned to the applicant and the injury report also shows that the injury sustained by the injured is of iron rod, thus the statement of the injured is fully corroborated with the injury report. Apart from it, the applicant has criminal history of three cases, thus keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused- applicant. 7. Accordingly, the bail application stands rejected. Order Date :- 6.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad