Allowed

Manish Kumar Seth v. State of U.P.

Allahabad HC15 Sept 2023BAIL/31995/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Manish Kumar Seth, the owner of a hotel, in an Immoral Traffic (Prevention) Act case. The court refused to comment on merits but found the applicant entitled to bail, releasing him on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in the like amount.

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

¶1

Neutral Citation No. - 2023:AHC:178803

¶2

Court No. - 75

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31995 of 2023

¶4

Applicant :- Manish Kumar Seth Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Umesh Chandra Sharma,J.

¶6

Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶7

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 41 of 2023, under Sections 4/5/6 The Immoral Traffic (Prevention) Act, 1956, Police Station- Jaitpura, District- Varanasi during the pendency of trial.

¶8

Learned Counsel for the applicant submitted that applicant is only the owner of the Hotel and no offence has been committed by him against the victim. On the statements of Waiter and Manager of the Hotel that the immoral traffic activities were used to go in the Hotel and it was also in the knowledge of the owner applicantManish Kumar Seth, he has been wrongly made an accused. There is variation in the statement of the victim in the statement under Sections 161 and 164 Cr.P.C. According to the appellant, though he was the owner of the Hotel, but he never participated in the affairs of the Hotel and it was always managed by the Manager and the applicant used to run a mobile shop. There is no criminal history against the applicant. The applicant is in jail since 06.06.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶9

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

¶10

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶11

Let the applicant Manish Kumar Seth, involved in the aforesaid

¶12

case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

¶13

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

¶14

(ii) shall not tamper with the prosecution evidence;

¶15

(iii) shall not pressurize the prosecution witnesses.

¶16

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

¶17

Order Date :- 15.9.2023 A.N. Mishra

¶18

Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Manish Kumar Seth v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manish Kumar Seth v. State of U.P.

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

Ravikant Kushwaha Vs State of U.P.

Sanjeev Alias Guddu Vs State of U.P.

Kallu Quaraishi Vs State of U.P.

Sonu @ Sonveer Vs State of U.P.

Pintu Gupta Vs State of U.P. and 2 Others

Sachin Vs State of U.P.