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2025 DAILYLAW 65343 (ALL)

MANOJ v. STATE OF U.P. AND 2 OTHERS

NABAIL/4517/2025 · 2025-07-15

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114293 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4517 of 2025 Applicant :- Manoj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 447 of 2018, under sections 379, 411, 285 I.P.C., Section 3/7 of Essential Commodities Act and Section 3/23 of Petroleum Act, Police Station- Mirapur, District- Muzaffarnagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged petrol tanker was given on rent to the co-accused Yogesh. The applicant has no concern with the alleged incident. False recovery has been shown. There is no independent witness to the alleged recovery. During the course of investigation, the applicant was granted the benefit of Section 41-A of Cr.P.C. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact there is no independent witness to the alleged recovery, during the course of investigation, the applicant was granted benefit of Section 41-A of Cr.P.C., at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Manoj, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 16.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad