Manish Puri v. State Of U.P. And 3 Others

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

The present application has been moved seeking anticipatory bail in Case Crime No. 56 of 2023 under Sections 384, 506 I.P.C. and Section 13 (a)/14 of POCSO Act and Section67-B I.T.Act,, Police Station Bahariyabad, District Ghazipur, with the prayer that in the event of arrest, applicant may be released on bail.

Learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Learned counsel further argued that according to the prosecution there was demand of money but there is no whisper of applicant's mobile by which demand of money has been made rather the allegation has been levelled from the mobile of co-accused Sachin Mishra. He further submits that the applicant has been falsely roped in the present case when as a matter of fact, he has no concerned with the alleged offence. Learned counsel further submits that the applicant has an apprehension that he may be arrested in the above- mentioned case, inspite of the fact that there is no credible evidence against him, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against him. It has further been submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

Learned A.G.A. has opposed the application for anticipatory bail.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

In the event of arrest of the applicant Manish Puri involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 27.5.2025 S.Ali SHAUKAT ALI High Court of Judicature at Allahabad