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Allahabad High Court

MANISH SRIVASTAVAversusSTATE OF U.P.

Decided

Holding

Since the applicant is not named in the FIR or victim’s statements, has no criminal antecedents, and is only alleged to have assisted the protected co‑accused, the court held that bail should be granted.

Summary

Manish Srivastava applied for bail in a criminal case (Crime No. 216 of 2025) under Sections 143(2) and 3(5) of the B.N.S. The applicant argued that he was falsely implicated, noting that he is not named in the FIR or the victim’s statement under Section 180, and that the victim’s statement under Section 183 only mentions him as assisting the primary accused, Geeta, who has been granted interim protection. The State opposed bail but did not dispute Geeta’s protection. The court observed that the applicant has no criminal antecedents, is not directly accused in the FIR, and the allegations against him are merely ancillary, concluding that a prima facie case for bail exists. Consequently, the bail application was allowed subject to standard conditions. The order also directed procedural steps for his release via the Bail Order Management System.

Issues considered

  • Whether bail can be granted when the applicant is not named in the FIR or victim’s statements and has no criminal antecedents.
  • Whether the interim protection granted to a co‑accused affects the applicant’s right to bail.

Legislation cited

  • B.N.S. — s. 143(2), 180, 183, 3(5)

Subjects

  • bail
  • FIR
  • victim statement
  • interim protection
  • criminal antecedents
  • Section 180
  • Section 183
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16460 of 2026

Manish Srivastava
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                         :    Amit Mishra
Counsel for Opposite Party(s)                    :    G.A.

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
                                                         BAIL No. 16460 of 2026
                                2


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.
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                                                                    3


                                    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.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 14, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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