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2025 DAILYLAW 55362 (ALL)

MANJEET KHAN v. STATE OF U.P.

BAIL/15734/2025 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83065 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15734 of 2025 Applicant :- Manjeet Khan Opposite Party :- State of U.P. Counsel for Applicant :- Anant Prakash Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A.,Mohd Shahrukh Wasim Ansari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Suneel Kumar Mishra, learned counsel for the applicant and Sri Mohd Shahrukh, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 84 of 2025, under Sections 64, 87 of BNS, Police Station Naarkhi, District Firozabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away sister of the informant, on 05.04.2025 at about 4 a.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 10 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim seems to be a consenting party as she has stated that she knew the applicant for about three years and had gone on his asking and she did not reveal the place where she was taken to by the applicant. There is no medical corroboration of the incident. The victim is major as her date of birth is stated to be 01.07.2004. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 06.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Manjeet Khan, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad