Allowed

Manoj Singh @ Dablu v. State of U.P. and Another

Allahabad HC6 Feb 2023ABAIL/847/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a Criminal Miscellaneous Anticipatory Bail Application filed by a Member of Legislative Assembly. The applicant was apprehending arrest in connection with FIRs regarding leading a mob that blocked public roads and threatened officials during a public gathering.

What did the court decide?

The anticipatory bail application was allowed; accused directed to appear before trial court within one week.

Manoj Singh @ Dablu Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

¶1

Court No. - 87

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 847 of 2022

¶3

Applicant :- Manoj Singh @ Dablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikram Yadav,P.K. Upadhyay Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

Heard and perused record of the case.

¶6

By way of this application under Section 438 CrPC, the accused-applicant seeks bail, apprehending his arrest pursuant to FIR No.0046 of 2021, under Sections 143, 147, 186, 188, 189, 341, 353, 269, 270, 504, 506 and 34 IPC read with Section 7 Criminal Law (Amendment) Act, 1932, Section 54 Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897, lodged at Police Station Deena, District Chandauli.

¶7

Allegation against the present accused-applicant and co-accused is that they led the mob of several persons to block public road and threatened general public as well as officials and despite making efforts did not free the pubic path which caused inconvenience and difficulty to the commuters. It is further said that the accusedapplicant got collected 250 people and was trying to misguide general public in the name of barbarism. The accused-applicant has been Member of Legislative Assembly. To his credit, a few more cases got registered.

¶8

Considering the nature of allegation against the accusedapplicant and the fact that the accused-applicant or his supporters were not armed with any weapon, this anticipatory bail application is hereby allowed . The accused-applicant is directed to appear before the trial Court concerned within one week from today and if he does so, he shall be released on bail on his filing a personal bond and two sureties, each in the like amount to the satisfaction of the trial Court, if already not filed, on the following conditions, which are imposed in the interest of justice, and other conditions, which may be desirable by the learned trial Court:-

¶9

(i) the applicant(s) shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are

¶10

present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

¶11

(ii). the applicant(s) 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;

¶12

(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

¶13

(iv) the applicant(s) 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.

¶14

[D.K. SINGH, J.]

¶15

Order Date :- 6.2.2023 MVS/-

¶16

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad

Manoj Singh @ Dablu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Singh @ Dablu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

X Vs State of U.P. and Another

X Juvenile Vs State of U.P. and Another

Shailendra Upadhayay Vs State of U.P.

Vipin Kumar Vs C.B.I

Babu Singh Kushwaha @ Ram Charan Kushwaha Vs State of U.P. and Another

Musarraf Ahmad Vs C.B.I.