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2025 DAILYLAW 7995 (ALL)

MAYANK SINGH v. State of UP

BAIL/1041/2024 · 2025-02-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28985 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1041 of 2024 Applicant :- Mayank Singh Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ahmad Khan Durrani,Anand Kumar Singh,Rohit Sharma Counsel for Opposite Party :- G.A.,Lal Mani Singh,Manju Shukla/Ojha,Praveen Kumar Singh,Sheel Kumar Ojha Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rohit Sharma, learned counsel for the applicant, Shri S.K. Ojha, learned counsel for the informant, Shri Yashyaval Kumar Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant Mayank Singh, seeking enlargement on bail in Case Crime No. 190 of 2023, under Sections 498-A, 323, 504, 506, 406, 427, 313 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shivli, District Kanpur Dehat. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.11.2023. Learned counsel for the applicant submits that victim was medically examined on 26.05.2023. However, no internal examination was conducted due to unwillingness of the victim. In the medical examination of victim dated 26.05.2023 no any external injury mark was seen all over the body. It is further submitted that statement of independent witness was recorded under Section 161 Cr.P.C. who has denied the prosecution version and has stated in his statement that victim hardly stayed at her in- laws house for two months though she had been married for a year. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Mayank Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.2.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad