MANISH GAUTAM @ MANISH KUMAR HARIJAN v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/12458/2024 · 2025-10-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198113 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198113 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12458 of 2024
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.138 of 2021, under Section 363, 376D, 354A, 354B IPC & Section 5G, 6 of POCSO Act, P.S. Fatanpur, District Pratapgarh. 3. First bail application of the applicant was rejected on 01.12.2022. 4. Learned counsel for the applicant argues that co-accused was enlarged on bail vide order dated 24.09.2024, although, he does not plead strict parity with the said co-accused. It is argued that the applicant is in custody since 16.10.2021 and has no criminal antecedents. In the statement recorded by the victim, allegations were levelled against the applicant. 5. Learned AGA has opposed the bail application. 6. Considering the pre-trial detention undergone by the applicant of more than four years and the applicant having no criminal antecedents and there being nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial, the applicant is entitled to be enlarged on Versus Counsel for Applicant(s) : Akhilesh Pratap Singh, Gyan Singh, Himanshu Vikram Singh Counsel for Opposite Party(s) : G.A. Manish Gautam @ Manish Kumar Harijan .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
bail. In view thereof, the application is allowed. 7. Let the applicant Manish Gautam @ Manish Kumar Harijan 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.
October 27, 2025 nishant BAIL No. 12458 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench