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2026 DAILYLAW 8681 (ALL)

MANNU PAL @ RAM SUMER v. STATE OF U.P.

BAIL/31015/2026 · 2026-09-23

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31015 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Satya Priya Dwivedi, learned counsel for the applicant, Sri B.P. Mauarya, 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. 61 of 2025 under Sections 64(1), 127(2) BNS registered at Police Station Kaushambi, District Kaushambi 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 FIR has been lodged against unknown after delay of more than a month alleging therein that daughter of the first informant went missing on 05.8.2025. It is next submitted that the victim has not stated anything against the applicant in her statement under section 180 BNSS, however, in her statement under section 183 BNSS, she has stated that she was in relationship with the applicant and he committed rape on her. Thus, there appears to be material contradictions in both her statements. It is further submitted that the victim is aged about 18 years 6 months as per certificate of High School and her medico-legal report does not support the allegation of commission of rape on her. It is further submitted that applicant has no criminal history and he has been languishing in jail since 23.4.2026. It is also submitted that the applicant undertakes that he will not misuse the Versus Counsel for Applicant(s) : Satya Priya Dwivedi Counsel for Opposite Party(s) : G.A. Mannu Pal @ Ram Sumer .....Applicant(s) State of U.P. .....Opposite Party(s) liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases 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. FIR has been lodged against unknown alleging therein that daughter of the first informant went missing from her house on 05.8.2025. However, the victim has been recovered and there appears to be material contradictions in her statements recorded under sections 180 and 183 BNSS as she has not stated anything against the applicant in her statement under section 180 BNSS, however, in her statement under section 183 BNSS, she has stated that she was in relationship with the applicant and he committed rape on her. The victim is aged about 18 years 6 months as per certificate of High School and her medico-legal report does not support the allegation of commission of rape on her. Applicant has no criminal history and he has been languishing in jail since 23.4.2026. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Mannu Pal @ Ram Sumer involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on BAIL No. 31015 of 2026 2 the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 24, 2026 Madhurima BAIL No. 31015 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad