Allahabad High Court
Manish Alias Mani vs State Of U.P. on 19 December, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51207 of 2022
Applicant :- Manish Alias Mani
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Rajesh Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.303 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Hapur Dehat, District Hapur.
3. The gang-chart mentions involvement of the applicant in two cases namely (i) Case Crime No. 629 of 2021, under Section 307, 394, 411 I.P.C., P.S. Hapur Dehat, District Hapur (ii) Case Crime No. 139 of 2022, under Section 307 I.P.C. P.S. Hapur Dehat, District Hapur and in both the cases the applicant has been granted bail. Copies of the bail orders have been annexed as annexure-3 to the affidavit filed in support of the bail application.
4. In paragraph 7 of the affidavit it has been stated that apart from the cases mentioned in the gang-chart the applicant is also involved two other cases and in both the cases the applicant has been granted bail.
5. Supplementary affidavit filed today discloses the involvement of the applicant in an another case being Case Crime No. 39 of 2015, under Section 366, 363, 506, 376-D I.P.C., P.S. Bahadurgarh, District Hapur in which the applicant has been acquitted by judgment and order dated 23.2.2016.
6. It is submitted by learned counsel for the applicant that the co-accused Anurag alias Rohit alias Sukka has already been granted bail by means of an order dated 2.11.2022 passed by this Court in Criminal Misc. Bail Application No. 48800 of 2022.
7. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 16.7.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
8. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.
9. Having regard to the facts that the applicant has already been granted bail in all the cases mentioned in the gang-chart and that the applicant is languishing in jail since 16.7.2022, whereas a co-accused has been granted bail. I am of the view that the applicant is also entitled to be enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
10. Let the applicant - Manish alias Mani be released on bail in Case Crime No.303 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Hapur Dehat, District Hapur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
11. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 19.12.2022
Deepika
