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2025 DAILYLAW 173512 (ALL)

MANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11432/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11432 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.300 of 2025 under Section 92, 115(2), 352, 351(3) BNS, Police Station Tandiyawan, District Hardoi. In the prosecution case it is alleged that the applicant and the co accused person have beaten the victim, due to which the three-month pregnancy of the victim got aborted. Thus, the allegation is that the applicant along with co-accused caused death of the fetus and has committed the offence of culpable homicide. Learned counsel for the applicant submits that the role of the kicking on the stomach of the victim is attributed to co-accused Mukesh. Due to that the fetus died. No specific role has been assigned to the applicant. The prosecution case is highly improbable which is evident from the statement of complainant. The applicant has no previous criminal history. Charge-sheet in the case has been filed. No such incident has taken place. There is no recovery of the unborn child. The applicant has been falsely implicated. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the Versus Counsel for Applicant(s) : Aditya Kumar, Anita Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 25.7.2025; he has no criminal history; charge-sheet has been filed in the matter; there is no recovery of the fetus; specific role of commiting the crime is not on the applicant and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Manish, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. November 20, 2025 Madhu D.R/P.S BAIL No. 11432 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench