Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91333
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18301 of 2025 Applicant :- Manish Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Bahadur Yadav,Sanjeev Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Second supplementary affidavit filed by learned counsel the applicant is taken on record.
3. Heard Sri Ajay Bahadur Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.147 of 2024, under Section 376 I.P.C., Police Station- Bhaluani, District- Deoria, during the pendency of trial.
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. The marriage of the applicant was to be solemnized with the victim, but he had to leave the country for Dubai on his employment, as such, he could not comply with the said promise and he was arrested when he returned back to comply with the said promise.
6. It is further argued by learned counsel for the applicant the victim is major aged about 24 years. There is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 8.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim and there being no medical corroboration of the incident, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Manish Chauhan, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 :- 28.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad