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2025 DAILYLAW 67410 (ALL)

MANJINDAR @ LUCKY v. STATE OF U.P.

BAIL/22936/2025 · 2025-07-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109817 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22936 of 2025 Applicant :- Manjindar @ Lucky Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Deepak Kaushik, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A. and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.209 of 2025, under Sections 109, 118(1), 115(2), 352, 351(2) BNS, Police Station- Nai Mandi, District Muzaffar Nagar. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He further submitted that the FIR was lodged against unknown persons after one day of the incident and the name of the applicant came into light on the basis of hearsay evidence. It is further submitted that on bare perusal of statement of witnesses, it is clear that name of the applicant came into light on the information received from other persons though no person came forward to record their statement showing involvement of the applicant in the aforesaid incident. It is further submitted that there is serious contradiction in the statements of injured and witnesses. He further submitted that the applicant has no criminal. It is further submitted that co- accused Raj has already been granted bail by this Court on 4.7.2025 in Bail Application No. 22956 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Raj. The applicant is a law abiding citizen and he is languishing in jail since 30.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Manjindar @ Lucky, involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad