Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31686 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Surendra Nath Yadav, learned counsel for the applicant, Sri Radhey Shyam, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 49 of 2026 under Sections 352, 351(2), 69 BNS and 67 I.T. Act registered at Police Station Ghosi, District Mau during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and the victim is a major lady aged about 23 years. It is further submitted that there is no allegation in the FIR regarding commission of sexual assault on the victim, however, in the statements of the victim recorded under sections 180 and 183 BNSS, she has stated that applicant established physical relationship with her on false promise of marriage and also recorded videos of the said incident. It is further submitted that the alleged videos have been recorded from the mobile phone of the victim and the applicant has not made them viral. It is next submitted that the victim refused to undergo medico-legal examination. It is further submitted that applicant has no criminal history and he has been languishing in jail since 31.7.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases Versus Counsel for Applicant(s) : R.B. Singh, Surendra Nath Yadav Counsel for Opposite Party(s) : G.A. Manjit Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant, however, he does not dispute the aforesaid facts. 5. As per the FIR, applicant is said to have threatened to make her videos and photographs viral.
The victim has stated in her statements recorded under sections 180 and 183 BNSS that applicant established physical relationship with her on false promise of marriage for about one year and also recorded videos of the said incident. However, no such videos or photographs are said to have made viral by the applicant. The victim is a major lady aged about 23 years and she has refused to undergo medico- legal examination. Applicant, who has no criminal history, has been languishing in jail since 31.7.2026. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Manjit Chauhan involved in the aforementioned 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, with the following conditions:- (i) 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. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. BAIL No. 31686 of 2026 2
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 30, 2026 Madhurima BAIL No. 31686 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad