Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 98033 (ALL)

MANISH SINGH v. STATE OF U.P.

BAIL/33300/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33300 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri Satya Prakash Tiwari, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 156 of 2011, under Sections 307, 323, 504 & 506 of IPC, Police Station - Gaur, District - Basti, during the pendency of trial. 4. Learned counsel for the applicant has argued that although the applicant is named in the FIR in which the applicant and other co-accused persons are stated to have caused injuries to two persons in all. The applicant has nothing to do with the said offence as alleged in the FIR. The police after thorough investigation had exonerated the applicant but subsequently during trial, he has been summoned by invoking powers u/s 319 Cr.P.C. by the Trial Court vide order dated 05.12.2024. 5. Learned counsel has also stated that the main accused persons, Vijay Bahadur Singh and Rajendra Yadav, who are stated to have caused gun-shot injuries to the victim, have already been enlarged on bail by the learned Sessions Judge vide order dated 18.04.2011 passed in Bail Application No. 144 of 2011. 6. Learned counsel has next contended that the applicant is languishing in Versus Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Manish Singh .....Applicant(s) State of U.P. .....Opposite Party(s) jail since 26.08.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Manish Singh, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 Siddhant BAIL No. 33300 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad