Allahabad High Court
Manu Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 18 August, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:48268
Court No. - 11
Case :- CRIMINAL APPEAL No. - 1029 of 2025
Appellant :- Manu Kumar
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Appellant :- Ramakar Shukla,Ajeet Kumar Singh,Saurabh Verma,Subodh Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
1. Case called out. The opposite party nos.2 and 3, i.e. complainant and victim chose not to appear before this Court to oppose the instant appeal despite service of notice, as appears from the record including the Office report dated 14.08.2025. Learned A.G.A. is present for opposite party no.1-State of U.P. in the Court. In these circumstances, this Court proceeded to hear the instant appeal, which relates to enlargement of appellant on bail, on merits.
2. Heard counsel for the appellant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material available on record.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 05.03.2025 passed by the Additional Sessions Judge/Special Judge, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'), Lakhimpur Kheri in Bail Application No.60 of 2025, arising out of FIR/Case Crime No. 31 of 2025, under Sections 137(2), 87 B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Maigalganj, District- Lakhimpur Kheri.
4. While pressing the present appeal, learned counsel for the appellant submitted that according to the victim herself, who was 19 years old at the relevant point of time, i.e. the date of alleged incident, on her own volition accompanied the appellant, who was 21 years old, to Punjab where both have solemnized marriage.
5. It is further stated thataccording to the victim herself physical relations were not established and in this regard reliance has been placed on the statement of the victim recorded under Sections 180 & 183 of B.N.S.S. hence the allegationslevelled in the FIR are completely incorrect.
6. It is further stated thatmedical report also does not support the case of the prosecution asat the relevant point of time, the victim was aged about 17 years, which is the subject matter of trial and could be considered by the trial court based upon the evidence adduced before it in this regard and at this stage of bail, the benefit of various pronouncements/judgments related to determination of age including the judgments passed by the Hon'ble Apex Court in the case(s) ofBirad Mal Singhvi Vs. Anand Purohit, reported in (1988) Supp SCC 604, State of Punjab Vs. Gurmit Singh, reported in (1996) 2 SCC 384, Suhani Vs. State of U.P. delivered on 26.04.2018 in Civil Appeal No.4532 of 2018 arising out of SLP(C) No.8001 of 2018 and in the case of Manak Chand alias Mani Vs. State of Haryana reported in 2023 SCC OnLine SC 1397, shall be extended in favour of the appellant.
7. It is further submitted that appellant, having no criminal history, is languishing in jail since 04.02.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.
8. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.
9. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.
10. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the observations made by Hon'ble Apex Court in the judgments, referred above, including that the appellant is in jail since 04.02.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.
11. Orderdated05.03.2025 passed by the Additional Sessions Judge/Special Judge, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'), Lakhimpur Kheri in Bail Application No.60 of 2025, arising out of FIR/Case Crime No. 31 of 2025, under Sections 137(2), 87 B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Maigalganj, District- Lakhimpur Kheriis hereby set aside.
12. Let the appellant-Manu Kumarbe released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-
(i) The appellant shall cooperate with the prosecution during trial.
(ii) The appellant shall not tamper with the evidence during trial.
(iii) The appellant shall not pressurize/intimidate the prosecution witness(s).
(iv) The appellant shall not commit an offence.
(v) The appellant 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.
(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.
(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.
(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
13. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law
14. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.
Order Date :- 18.8.2025
Anand/-
