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2025 DAILYLAW 77456 (ALL)

MANISHA GUPTA v. STATE OF U.P. AND 3 OTHERS

BAIL/26750/2025 · 2025-09-25

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26750 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vindheshwari Prasad, Advocate holding brief of Sri Arvind Kumar, learned counsel for the applicant, Sri Bachan Singh, Advocate holding brief of Sri Vimal Kumar Pandey, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.252 of 2025, under Section 137(2) B.N.S. and Section 3/4 POCSO Act, Police Station Padrauna, District Kushinagar, 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 victim is a consenting party as is but evident from his statement recorded under Section 183 B.N.S.S. He by his looks seems to be major, although he is stated to be 17 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 29.05.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Arvind Kumar Counsel for Opposite Party(s) : Amit Kumar Yadav, G.A., Vimal Kumar Pandey Manisha Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) consideration the fact that the victim seems to be a consenting party, 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. 7. Let the applicant- Manisha Gupta, who is involved in aforementioned case crime be released on bail on her 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. September 26, 2025 (Ravi Kant) BAIL No. 26750 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad