The court allowed the second bail application of the applicant incarcerated for nearly three and a half years, noting that co-accused had been released. Bail was granted without expressing an opinion on the merits of the charge.
The applicant is released on bail on furnishing a personal bond and two sureties on the stated conditions.
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Neutral Citation No. - 2023:AHC:165972
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12597 of 2023
Applicant :- Manish Gaur @ Manni Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
applicant. The first bail application of the applicant has been dismissed by this Court on merit vide order dated 22.09.2020 passed in Criminal Misc. Bail Application No. 17568 of 2020 but it appears that after rejection of first bail application of the applicant, bail application of co-accused Akhilesh Prajapati and Rajkumar Gaur have been allowed by this Court bail vide orders dated 07.08.2023 and 10.07.2023 and against these two accused persons also there is allegation of rape and it appears that case of applicant is at par with them. Further, applicant in the present matter is in jail since 28.02.2020 i.e. for almost three and half years.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
Order Date :- 17.8.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in the second bail application given the delay in incarceration and release of co-accused.
Whether the observations made in this bail order will have any bearing on the merits of the case during trial.
Manish Gaur @ Manni
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
