Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 155658 (ALL)

MANDEEP LAL @ MANDEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7190/2025 · 2025-08-11

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:46809 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7190 of 2025 Applicant :- Mandeep Lal @ Mandeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Gulam Rabbani Counsel for Opposite Party :- G.A.,Anand Kumar Srivastava Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In compliance of the order of this Court, the victim has been produced by Ms. Shilpi, Woman Constable. Upon a query from the Court, the victim expressed her willingness to marry the accused. In the prosecution case, it is alleged that, on the pretext of marriage, the applicant maintained physical relations with the victim for approximately 12 years. However, he later refused to marry her and showed interest in marrying another woman. Learned counsel for the applicant submits that the applicant is willing to marry the victim and has specifically stated so in paragraphs 12 and 13 of the bail application. It is further submitted that the allegations under Sections 180 and 183 BNSS are based on a misunderstanding, and no offence has been committed by the applicant. The victim has declined to undergo a medical examination. She is 32 years old. The applicant, who has no prior criminal antecedents, is in custody since 18.05.2023. Learned counsel for the applicant further submits that within two months of applicant's release, he will marry the victim. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the statement of the victim before this Court, the undertaking in paragraphs 12 and 13 of the bail application, the victim’s refusal to undergo medical examination, her statements under Sections 180 and 183 BNSS, the filing of the charge sheet, and the fact that the applicant has been in custody since 18.05.2023 without any criminal antecedents, this Court finds it a fit case to grant bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mandeep Lal @ Mandeep Kumar involved in Case Crime No.211 of 2025, Under Section-69 of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Jalalpur, District- Ambedkar Nagar, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 11.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench