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2025 DAILYLAW 76026 (ALL)

MANJEET PATEL v. STATE OF U.P.

BAIL/25982/2025 · 2025-08-20

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143390 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25982 of 2025 Applicant :- Manjeet Patel Opposite Party :- State of U.P. Counsel for Applicant :- Abhijeet Singh Counsel for Opposite Party :- G.A.,Pravin Kumar Mishra Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Manjeet Patel, who is involved in Case Crime No. 80 of 2025, under Sections 137(2), 87 BNS, police station Sindhaura, district Varanasi, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the victim, got an F.I.R. lodged on 15.05.2025 against the applicant making allegation inter alia that on 14.05.2025, there was a marriage at his distant relative and his daughter had gone to attend the said marriage ceremony but she was enticed away by the applicant. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. During investigation, statements of the victim under Section 180 and 183 BNSS were recorded, in which she did not make allegation of committing any misdeed or sexual abuse against the applicant but the Investigating Officer without conducting proper and fair investigation has illegally submitted charge- sheet against the applicant. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that the victim is a minor girl and she was enticed away by the applicant, therefore, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that though the victim is minor but she did not make allegation of any sexual assault or misdeed against the applicant. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, statements of the victim and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Manjeet Patel be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 21.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad