Manmohan @ Mohan Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 10745 of 2025

Manmohan @ Mohan

.....Applicant(s)

Versus

State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Archana Yadav, Brijesh Kumar Yadav Counsel for Opposite Party(s): G.A. Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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The accused-applicant seeks bail in Case Crime No.287 of 2023, under Sections 2Kha(1)/3(1) U.P. Gangster and Anti Social Activity Act, Police Station Ram Coat, District Sitapur.

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Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, and in that case, he has already been enlarged on bail. It is further submitted that in Case Crime No. 607 of 2022 which has been shown in the gang chart, while granting bail, the coordinate Bench of this Court, vide order dated 7.10.2025, filed as Annexure-3, has observed that there is no specific allegation against the applicant.

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It is also submitted that the applicant is in custody since 26.11.2022, and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

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BAIL No. 10745 of 2025

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2

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On due consideration to the fact that in the sole case shown in the gang chart, the applicant has already been enlarged on bail; the applicant is languishing in jail since 26.11.2022; the charge sheet has been filed in the matter; and also considering the period of long incarceration, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Manmohan @ Mohan involved in the aforesaid case crime number 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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

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(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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(vi) The applicant 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 (Now Section 269 of BNS).

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BAIL No. 10745 of 2025

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3

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(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails 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 IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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November 11, 2025 Madhu D.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Manmohan @ Mohan v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

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Manmohan @ Mohan v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

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