Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186371 (ALL)

MANISH NIRMAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

/11963/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11963 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 119 of 2025, under sections 137(2), 87, 65(1) BNS, Sections 3/4(2) POCSO Act, P.S. Tulsipur, District Balrampur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 13 years was enticed by some unknown persons. Subsequently in her statement under Section 180 BNSS the victim disclosed her age as 19 years and stated that she came in contact with the application and she went to the home of the applicant and physical relation were also formed in between them. In the statement under Section 183 BNSS the victim disclosed her age as 13 years and stated that she stayed with the applicant for four to five days. The victim refused to undergo medical examination. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the two statements not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 3.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Vivek Kumar Tripathi, Sudhir Kumar Misra Counsel for Opposite Party(s) : G.A. Manish Nirmal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Manish Nirmal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. December 9, 2025 J. K. Dinkar BAIL No. 11963 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench