Manish vs State of U.P.

Neutral Citation No. - 2025:AHC:51046

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11483 of 2025

Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Prem Babu Verma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Raghubir Singh, learned Advocate filed his power on behalf of the informant, today in the Court, which is taken on record.

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Heard Ms. Anita Singh, learned counsel for the applicant, Sri Raghubir Singh, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 366 of 2024, under Sections 115(2), 351(2), 352, 110, 333, 105 B.N.S., Police Station Malpura, District Agra during pendency of the trial.

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Learned counsel for the applicant submits, however, applicant is named in the FIR along with two others and as per allegation he and others made assault upon the brother of the informant due to which he sustained injuries and subsequently died but from the post mortem report of the deceased, it reflects, he died due to Myocardiac Infarction, therefore, it cannot be said that due to the alleged assault made by the applicant and others deceased died.

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She further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.12.2024.

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Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but the could not dispute the fact that deceased died due to Myocardiac Infarction. They however further submitted, apart from the present case applicant is having criminal history of one another case and he did not explain his criminal history but they fairly conceded, that case relates to minor offence.

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I have heard learned counsel for the parties and perused the

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record of the case.

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However, as per allegation applicant and two others made assault due to which deceased sustained injuries and died but post mortem of the deceased suggests that he died due to Myocardiac Infarction.

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Further, however, apart from the present case, it appears, applicant is having criminal history of one another case but as per instruction of learned AGA that case relates to minor offence.

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Further, in the present matter applicant is in jail since 18.12.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Manish be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 8.4.2025

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AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Manish v. State of U.P.

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Manish v. State of U.P.

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