Allowed

Manoj Kumar v. State of U.P.

Allahabad HC22 Aug 2023BAIL/31513/2023

Case brief

AI extract

What is this about?

In a criminal bail application under Section 439 Cr.P.C., the High Court allowed the applicant, Manoj Kumar, to be released on bail in a case involving conversion of religion and IPC offences, noting his long confinement and lack of risk to prosecution.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Manoj Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169038

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31513 of 2023

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Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Patsy David,Sagar Mehrotra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as Sri Pankaj Kumar, learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 60 of 2023, under Sections 420, 467, 468, 506, 120-B I.P.C. and 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Kotwali, District Fatehpur during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report 35 persons including the applicant and 20 unknown persons are nominated. A vague and general role has been assigned to the applicant. The applicant neither persuaded nor converted any individual to another faith. It is next contended that co-accused Anju Rani and Bhanu Pratap Singh, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application No. 13775 of 2023, Anju Rani and another v. State of U.P., vide order dated 04.04.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-39 of the affidavit. The applicant is in jail since 04.02.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost six and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has

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been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Manoj Kumar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Manoj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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