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2026 DAILYLAW 1348 (ALL)

MANISH SRIVASTAVA v. STATE OF U.P.

BAIL/16460/2026 · 2026-05-13

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16460 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 216 of 2025, under Sections 143(2), 3(5) of B.N.S., Police Station- Fatehganj West, District- Bareilly. 3. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. He has not been named in the F.I.R. and the victim has not been recovered from the possession or the pointing out of the applicant. The victim has not made any allegation against the applicant in her statement under Section 180 of BNSS and in the statement under Section 183 of BNSS, the applicant is said to have been assisting the primary accused Geeta, against whom the allegation is of forcibly getting the victim married to one accused Bablu, after taking her from her house on a false pretext. The co-accused Geeta has been granted interim protection by this Court in Criminal Misc. Writ Petition No. 24019 of 2025. The applicant has no criminal antecedents and he is in jail since 13.2.2026. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, could not dispute the fact that the primary accused Geeta has been given interim protection by this Court. 5. I have considered the submissions made by the Learned counsels for Versus Counsel for Applicant(s) : Amit Mishra Counsel for Opposite Party(s) : G.A. Manish Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) the parties and perused the material brought on the record. 6. The applicant is not named in the F.I.R. He is also not named in the statement of the victim recorded under Section 180 BNSS. In the statement under Section 183 BNSS of the victim, no specific allegation has been made against the applicant and he has only been shown to be assisting the co-accused Geeta, who has been granted interim protection by this Court. The applicant has no criminal antecedents. 7. Taking into account the entire facts and circumstances of the case and also the fact the applicant is in jail since 13.2.2026, prima facie, a case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant- Manish Srivastava, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. BAIL No. 16460 of 2026 2 12. 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. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 14, 2026 Vandana BAIL No. 16460 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad