Allahabad High Court
Manottam Tyagi @ Mannu Tyagi vs State Of U.P. on 7 July, 2021
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14253 of 2021 Applicant :- Manottam Tyagi @ Mannu Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh,Kamlendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Manottam Tyagi @ Mannu Tyagi has prayed to release him on bail in Case Crime No. 83 of 2020, u/s 420,, 467, 468, 471, 379 IPC, P.S. Civil Lines, District Rampur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 8.2.2021. In First Information Report, he was not named there. It was Bhanu Pratap Sharma, from whom, informant has purchased car through OLX.com and it was said to be stolen by Bhanu Pratap Sharma. Applicant was of no concern. Subsequently, on the basis of confessional statement, name of applicant has been implicated. There is no evidence with regard to manufacturing of any valuable security or documents neither there is any recovery. Applicant is on bail in Case Crime No. 629 of 2020, , under Sections 420, 467, 468, 471, 482 IPC, P.S. Sector 24 Noida, District Gautam Budh Nagar, in Criminal Misc. Bail Application No. 2202 of 2021 and in Case Crime No. 243 of 2020, under Sections 420/379 IPC, P.S. 24 Noida, District Gautam Budh Nagar, in Criminal Misc. Bail Application No. 30488 of 2020. In both those cases, on the basis of confessional statement, name was there. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed this bail application with this contention that applicant is of criminal antecedents.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that car was said to be purchased through OLX.com by cellphone number from Bhanu Pratap Sharma- named accused and it was said to be stolen by Bhanu Pratap Sharma. Money was paid to Bhanu Pratap Sharma. Name of applicant was surfaced on the ground of some alleged photograph of a case, wherein, a car was sold 12 times through OLX.com but above fact was not mentioned. Moreso in two of above cases, applicant is already on bail, mentioned as above, granted by coordinate Bench of this Court. Considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Manottam Tyagi @ Mannu Tyagi, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.7.2021 Kamarjahan