Allahabad High Court
MANOJversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Manoj applied for bail in Criminal Case No. 160 of 2025, charged under Sections 115(2), 352, 351(2) and 109 of the IPC. A prior bail application was rejected because the injured party alleged that Manoj struck him with a brass metal punch. In the second application, counsel argued that the primary informant and injured witness had turned hostile, the charge sheet had been filed, and there was no material necessitating custodial interrogation. The State opposed bail but did not dispute the factual contentions. Considering the nature of the offence, the lack of incriminating material, overcrowded jails, and precedents such as Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P., the court granted bail with standard conditions and procedural safeguards.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges and the earlier denial of bail.
- Whether the turning hostile of witnesses and filing of the charge sheet negate the need for custodial interrogation.
- Whether the risk of tampering with evidence or committing further offences warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 351(2), 352
Subjects
- bail
- criminal procedure
- witness hostility
- charge sheet
- overcrowded prisons
- precedent
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12976 of 2026
Manoj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Rana
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Deepak Rana, learned counsel for the applicant, Sri Ram
Kumar Verma, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 160 of 2025, under
Sections 115(2), 352, 351(2), 109 of B.N.S. Police Station- Kapoorpur,
District Hapur.
3. This is second bail application. The first bail application has been
rejected by this Court on 17.09.2025 in Criminal Misc. Bail Application
No.34646 of 2025 on the ground that the injured made specific allegation
against the applicant for hitting him with punch of brass metal.
4. Contention of learned counsel for the applicant is that during trial the
first informant as well as injured witnesses Mohit did not support the
prosecution story and declared hostile. As on date, there is no material
against the applicant. It is lastly submitted that charge sheet has been filed
by the police, therefore, there is no requirement for custodial
interrogation. The applicant has explained the criminal history of one
case in para 22 of the accompanying affidavit and he is languishing in jail
since 06.09.2025. In case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
BAIL No. 12976 of 2026
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6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of
Investigation reported in 2025 SCC Online SC 3038 as well as guideline
of this Court in the case of Maya Tiwari vs State of U.P. reported in
2024 SCC Online All 6765 regarding grant of bail and without
expressing any opinion on the merits of the case, I am of the opinion that
the applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.
7. Let the applicant- Manoj involved in the aforementioned 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, with the
following conditions:-
i. 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhaar Card of the
BAIL No. 12976 of 2026
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applicant and sureties should also be conducted by the court concerned.
11. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking
that the certified copy will be filed within 15 days.
12. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.
4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal, J.)
May 6, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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