Allowed

Manoj v. State of U.P.

Allahabad HC22 Mar 2021BAIL/9883/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to applicant Manoj involved in an illegal liquor recovery case (Excise Act and IPC offences). The court emphasized Article 21 guidelines, required a bond and two sureties, and imposed strict conditions against tampering with evidence and subsequent criminal activity, citing Dataram Singh.

What did the court decide?

Applicant enlarged on bail upon executing a personal bond and two sureties each in the like amount.

Manoj Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9883 of 2021 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicant that the applicant is driver of the truck in question from which illegal liquor is recovered and he was arrested on the spot alongiwth co-accused Naveen (Cleaner of truck in question) and Jony @ Shubham who is brother of owner of truck in question. It is next submitted that owner of truck, Amit has already been granted anticipatory bail by this Court on 22.01.2021 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1232 of 2021. It is further submitted that prior to this case, applicant was having no criminal history, but alongwith this case, he was implicated in 307 IPC alongwith co-accused Naveen in which he has already been granted bail by this Court on 1.02.2021 in Criminal Misc. Bail Application No. 7112 of 2021. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 20.12.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Manoj , involved in Case Crime No. 566 of 2020, under Sections60/63/72 of Excise Act and section 272, 273, 427 I.P.C., Police Station- Kairana, District -Shamli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a

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declaration of such verification in writing.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.3.2021/Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.03.22 17:58:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Manoj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj v. State of U.P.

Case brief

What is this about?

What did the court decide?

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