Allowed¶12

Manish Alias Tillu v. State of U.P. and 3 Others

Allahabad HC1 May 2025BAIL/12609/2025

Case brief

AI extract

What is this about?

Regular bail in added section after earlier bail; S.87 BNS 2023; Case Crime 127/2024, P.S. Ayana, Auraiya; Allahabad High Court, Krishan Pahal J.; reliance on SC rulings allowing anticipatory bail in added sections (Bhadresh Bipinbhai Sheth, 2016 (1) SCC (Cri) 240; Manoj Suresh Jadhav, 2018 SCC OnLine SC 3428); bail with two sureties; attendance conditions S.313 CrPC/351 BNSS; Neutral Citation 2025:AHC:69045.

What did the court decide?

Bail granted: applicant Manish Alias Tillu to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; personal presence before the Trial Court at specified stages); sureties to be verified before release order. ¶12

Manish Alias Tillu vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Manish Alias Tillu should be enlarged on regular bail in Case Crime No.127 of 2024 under Section 87 B.N.S., 2023 (added section after an earlier grant of bail), Police Station Ayana, District Auraiya, during the pendency of trial.

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Court's answer

Although the present case is of regular bail (unlike the Supreme Court precedents concerning anticipatory bail in added sections), the applicant's case can be considered to be on a better footing.

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Ratio / Principle

Considering the facts and circumstances, submissions of counsel and the Supreme Court judgments relied upon, and without expressing any opinion on merits, the applicant has made out a case for bail and the bail application is allowed.

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Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; sureties to be verified before the release order is issued.ratio¶13
Bail conditions: the applicant shall not tamper with evidence and shall remain personally present before the Trial Court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S.; deliberate absence may be treated as abuse of liberty of bail.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.; order dated 1.5.2025) allowed the regular-bail application of Manish Alias Tillu in Case Crime No.127 of 2024 under Section 87 B.N.S., 2023, Police Station Ayana, District Auraiya. The applicant had earlier been granted bail by the same Court on 4.3.2025 in Crl. Misc. Bail Application No.7435 of 2025; thereafter the charge-sheet was filed adding Section 87 B.N.S. Relying on Bhadresh Bipinbhai Sheth v. State of Gujarat, 2016 (1) SCC (Cri) 240, and Manoj Suresh Jadhav v. State of Maharashtra, 2018 SCC OnLine SC 3428, where enlargement on anticipatory bail in added sections was granted, the Court observed that a regular-bail applicant in added sections stands on a better footing. Bail granted on personal bond with two sureties, conditioned on no tampering with evidence and personal appearance at framing of charge and Section 313 Cr.P.C./351 B.N.S.S. stages; default cancellable. Custody since 15.10.2024; no criminal history.

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Neutral Citation No. - 2025:AHC:69045

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12609 of 2025

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Applicant :- Manish Alias Tillu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Dinesh Yadav, Advocate holding brief of Sri Saurabh Pathak, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.127 of 2024, under Section 87 B.N.S., 2023, Police Station Ayana, District Auraiya, during the pendency of trial.

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Learned counsel for the applicant has stated that the applicant was granted bail by this Court vide order dated 4.3.2025 passed in Criminal Misc. Bail Application No.7435 of 2025 and later on, the final report (charge-sheet) has been submitted in the added Section of 87 B.N.S. Learned counsel has further stated that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since 15.10.2024. In case, he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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In the judgments of Supreme Court passed in Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra , reported in 2018 SCC OnLine SC 3428 , the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although, the instant case is of regular bail but it can be considered to be on better footing.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the aforementioned judgments of the Supreme Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Manish Alias Tillu , who is involved in aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 1.5.2025 (Ravi Kant)

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(Justice Krishan Pahal)

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

Manish Alias Tillu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Manish Alias Tillu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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