Allahabad High Court
Manish @ Anna vs State Of U.P. on 9 August, 2021
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22407 of 2021
Applicant :- Manish @ Anna
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Yadav,Mahendra Pratap
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Order on Exemption Application
Exemption Application is allowed.
The applicant is exempted from filing certified copy of the FIR dated 26.4.2015 and free copy of the rejection order dated 19.2.2021.
Order on Bail
Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 110 of 2015, under Sections- 2/3 of U.P. Gangster And Anti Social Activities (Prevention) Act, Police Station- Chaprauli District- Baghpat, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. It is further contended that as per the Gang- Chart five cases has been shown against the applicant, in which, the applicant was acquittal in two cases being Case Crime No. 346 of 2014 under Sections- 147,148,149 and 302 IPC and Case Crime No. 66 of 2015 under Section 25/27 of the Arms Act and one case being Case Crime No. 544 of 2014 he was enlarged on bail and rest two cases he was released u/s Section 174-A IPC in which maximum sentence for imprisonment 3 to 7 years. It is further contended that apart from gang-chart 19 cases against the applicant has been shown which has been explained in para-5 to the second supplementary affidavit dated 3.2.2020, in 07 cases the applicant has been acquitted by the trial court and in 08 cases, he is enlarged on bail and three cases regarding notice, the maximum sentence for imprisonment for three years for maintaining peace, which has already been expired. It is further contended that in view of the Section 436-A, the applicant is entitled to be released on bail and maximum sentence for offence under Sections- 2/3 of U.P. Gangster And Anti Social Activities (Prevention) Act, is of 10 years. In support of his contention he placed reliance upon the Judgment of Hon'ble Supreme Court in the Case Bhim Singh Vs. Union of India reported in (2015) 13 Supreme Court Cases 605. Learned counsel for the applicant undertakes, if the applicant is released on bail, he is not misuse the liberty of bail. The applicant is in jail since 28.1.2015.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Manish @ Anna who is involved in the aforesaid case crime number 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 9.8.2021
Akbar
