Manuj Kumar @ Anurag @ Mannu vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:47803

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5245 of 2025 Applicant :- Manuj Kumar @ Anurag @ Mannu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kumar Ankit Srivastava,Mukesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Learned A.G.A. has informed that notice to the informant has been served on 17.2.2025.

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Affidavit of Compliance filed by learned A.G.A. is taken on record.

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Heard Sri Kumar Ankit Srivastava, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 332 of 2024, under Sections 376 I.P.C. and 3/4 POCSO Act, Police Station Loni, District Ghaziabad, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim had gone on her own by train to Haridwar, as such, she is the consenting party. She has simply allayed the allegations of rape against the applicant at the stage of recording of her statement u/s 164 Cr.P.C. There is no medical corroboration of the incident.

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Learned counsel has further stated that the victim, as per the ossification test report, is 18 years old. The FIR was instituted regarding absconding of the victim, that too, after a delay of two days and the applicant was not named in it. There is no criminal history of the applicant. The applicant is languishing in jail since 16.9.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant.

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The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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 .

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Let the applicant- Manuj Kumar @ Anurag @ Mannu, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 4.4.2025 Shalini

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(Justice Krishan Pahal)

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Manuj Kumar @ Anurag @ Mannu v. State of U.P. and 3 Others

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Manuj Kumar @ Anurag @ Mannu v. State of U.P. and 3 Others

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