Allahabad High Court
MANNU PAL @ RAM SUMERversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mannu Pal, who is charged under Sections 64(1) and 127(2) of the same Act for an alleged rape. The applicant contended that he was falsely implicated, highlighting material contradictions between the victim’s statements recorded under Sections 180 and 183 and the absence of medical corroboration, as well as his clean criminal record and prolonged pre‑trial detention since 23‑04‑2026. The State opposed bail but did not dispute the factual matrix. After reviewing the record, the court found the case suitable for bail without expressing any view on the merits and ordered the applicant’s release on a personal bond with strict conditions. The order clarified that the bail decision does not prejudice the trial court’s independent assessment of the evidence.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in view of contradictions in the victim’s statements and lack of medical evidence.
- Whether the nature of the alleged offence (rape) and the stage of the trial justify denial of bail.
- Whether the applicant’s right to liberty outweighs any risk of tampering with evidence or intimidation of witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 127(2), 180, 183, 351, 483, 64(1)
Subjects
- bail
- false implication
- contradictory statements
- rape allegation
- pre‑trial detention
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31015 of 2026
Mannu Pal @ Ram Sumer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Priya Dwivedi
Counsel for Opposite Party(s) : G.A.
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
BAIL No. 31015 of 2026
2
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
3
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.
(Jitendra Kumar Sinha,J.)
September 24, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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