MANISH KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO
BAIL/2791/2025 · 2025-04-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131669 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18514 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2791 of 2025 Applicant :- Manish Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kr. Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dinesh Kumar Sharma, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 40 of 2025, under Sections 69, 352 B.N.S., registered at Police Station Masauli, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.01.2025 stating that the applicant who is younger brother of husband of the informant's elder sister repetitively made physical relations with the informant under the allurement of marrying her but ultimately he declined to marry her. The informant stated that she is aged about 21 years. In the statement of the informant recorded under Section 180 BNSS she reiterated her earlier version and stated that she used to make physical relations with the applicant at her own home. The medico legal examination report of the informant discloses no mark of injury or sign of use of force. In the statement of the informant recorded under Section 183 BNSS she stated that she was in a
relationship with the applicant for the past three years, where after the applicant stated that he has got married with some other person. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 24 years old man, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. has opposed the prayer for bail and on the basis of instruction she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 05.03.2025, however, she submitted that besides the statement of the informant there is no other material to support the allegation. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself has disclosed her age to be 21 years and she was major since inception of relationship with the applicant; that the investigation stands concluded; that the applicant is a young man having no previous criminal history and he is languishing in jail since 31.01.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Manish Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of
magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 3.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench