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2025 DAILYLAW 2141 (ALL)

MANNU @ MONU HARIJAN v. STATE OF U.P. AND 3 OTHERS

BAIL/31467/2025 · 2026-04-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31467 of 2025 Court No. - 65 (Sr. No.160 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Devesh Pandey, learned counsel for the applicant, Sri Anurodh Tripathi, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.680 of 2024, under Sections 363, 506, 376(3) I.P.C. and 3/4(2) POCSO Act, Police Station Robertsganj, District Sonbhadra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about four months and there is no explanation of the said delay caused. The victim seems to be a consenting party and the story as narrated by her cannot be believed. There is no medical corroboration of the incident either. The victim, by her looks, seems to be major and she is stated to be 18-19 years old as per the ossification test report also. The applicant has no criminal history and is in jail since 3.11.2024. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Devesh Pandey, Pravinendra Bahadur Singh Counsel for Opposite Party(s) : Anurodh Tripathi, G.A. Mannu @ Monu Harijan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Mannu @ Monu Harijan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 31467 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad