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Allahabad High Court

MANOJ KUMARversusSTATE OF U.P.

Decided

Holding

The bail application was rejected, affirming the earlier order denying bail.

Summary

Manoj Kumar, accused in a criminal case (Crime No. 331 of 2024) under Section 304 of the Indian Penal Code, has been in custody since July 5, 2024. He filed a bail application seeking enlargement of bail during the trial. The High Court noted that the facts and incident are identical to those in a previously decided bail application (Criminal Misc. Bail Application No. 35889 of 2024). Relying on the earlier order, the Court rejected the present bail application. Consequently, the applicant remains in custody pending trial.

Issues considered

  • Whether bail can be granted or enlarged for an accused charged under Section 304 IPC during trial
  • Whether the earlier order in Criminal Misc. Bail Application No. 35889 of 2024 is binding on the present application

Legislation cited

Subjects

  • bail
  • Section 304 IPC
  • criminal procedure
  • trial
  • enlargement of bail
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 37187 of 2025

                                    Manoj Kumar
                                                                                                   .....Applicant(s)
                                                                          Versus

                                    State of U.P.
                                                                                                       .....Opposite

                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Prakhar Saran Srivastava,                Shashi
                                                                    Bhushan Kunwar
                                    Counsel for Opposite Party(s) : G.A.

                                    Along with :
                                    1. Criminal Misc. Bail Application No. 35889 of 2024:
                                       Manoj Kumar
                                                                    Versus
                                       State of U.P.


                                    Court No. - 86
                                                          HON'BLE HARVIR SINGH, J.

                                    1. Heard learned counsel for the applicant and learned A. G. A. for the State
                                    and perused the material on record.

                                    2. By means of this application, the applicant who is involved in Case Crime
                                    No. 331 of 2024, under Section-304 IPC, P. S.-Rasra, district-Ballia, and is
                                    in jail since 05.7.2024, is seeking enlargement on bail during trial.

                                    3. Since the incident and facts are same, pertaining to Case Crime No. 331 of
                                    2024, this bail application moved on behalf of the applicant, Manoj Kumar,
                                    is also rejected in view of the order passed today in Criminal Misc. Bail
                                    Application No. 35889 of 2024; Manoj Kumar Versus State of U.P.
                                    March 16, 2026
                                    HR


                                                                                                 (Harvir Singh,J.)




Digitally signed by :-
HEMANT RANJAN
High Court of Judicature at Allahabad


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