Allowed

Manish Pasi v. State of U.P.

Allahabad HC9 Aug 2023BAIL/35022/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of Manish Pasi, accused of abduction and trafficking under Sections 363, 366, and 506 IPC. Finding the investigation complete and the applicant cooperating, the court ruled that keeping him in jail served no purpose and granted bail subject to standard conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties, subject to specified conditions regarding evidence tampering and witness pressure.

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

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Neutral Citation No. - 2023:AHC:160986

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35022 of 2023

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Applicant :- Manish Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tiwari,Rajan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.

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The instant bail application has been preferred on behalf of the applicant- Manish Pasi, with a prayer to release him on bail in Case Crime No.805 of 2022, under Sections 363, 366, 506 I.P.C. registered at Police Station Karaily, District Prayagraj, during the pendency of the trial.

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As per prosecution case, the mother of the victim lodged a FIR alleging therein that her minor daughter aged about 15 years had left for the market at around 07:00 p.m. and did not return back. During the investigation, police has recovered the girl child on 19.11.2020 from Prayagraj.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the main allegations are against one Pradeep with whom the girl wanted to marry. He further submits that the applicant has been falsely implicated being a friend of the main accused. He further submits that the co-accused- Sunil Pasi has already been enlarged on bail by a co-ordinate bench of this Court in Criminal Misc. Bail Application No.8079 of 2021 by relying upon Dataram Singh Vs. State of U.P. and another, reported in (2018) 2 SCC 22. He further submits that the applicant has been languishing in jail since 24.2.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial.

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Per contra, learned A.G.A. has vehemently opposed the bail application and has submitted that the minor girl is aged about 12

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years and two months, as per school leaving certificate. The investigation has been completed and the charge-sheet has already been filed on 2.3.2023.

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Having heard learned counsel for the parties and having perused the records, it transpires that the investigation has already been completed, and the police has filed charge-sheet against the applicant; the main allegation is against other co-accused; the applicant has co-operated with the investigating officer and he has been languishing in jail since 24.2.2023; the applicant is not required for further custodial interrogation in this case. It will take a sufficiently long time to conclude the trial, and no fruitful purpose would be served in keeping the accused-applicant in jail. Considering the above facts, this court is inclined to enlarge the accused applicant on bail. Therefore, the bail application is allowed.

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Let the applicant, Manish Pasi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the evidence and shall cooperate with the police as required.

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ii. The applicant shall refrain from pressurizing the witnesses during the trial.

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

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Order Date :- 9.8.2023 Anil K. Sharma

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Manish Pasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manish Pasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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