Allahabad High Court
MANISHA ALIAS MANISHA CHAUHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant is entitled to bail as no specific role or overt act has been attributed to her, establishing a prima facie case for bail.
Summary
Manisha Chauhan was arrested in connection with a case (Crime No.172 of 2026) involving numerous offences under the Indian Penal Code, the Prevention of Damage to Public Property Act and the Criminal Law Amendment Act. She pleaded innocence, asserting that she had no specific role or overt act in the alleged rioting and that the charges were false. The State opposed her bail application, but the court noted the absence of any specific allegation against her. Considering the facts, the court found a prima facie case for bail and ordered her release on personal bond and sureties, subject to standard conditions. The bail order does not prejudice the trial on merits.
Issues considered
- Whether bail should be granted to the accused when multiple serious charges are framed but no specific role or overt act is attributed to her.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 115(2), 121(1), 125, 127(2), 132, 190, 191(2), 191(3), 195(2), 285 BNS, 324(4), 326(G), 61(2)
- Prevention of Damage to Public Property Act — s. 3, 4
Subjects
- bail
- criminal procedure
- prima facie case
- multiple charges
- Indian Penal Code
- public order offences
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31458 of 2026
Manisha Alias Manisha Chauhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Ahmed Faizan, Sr. Advocate,
Zaheer Asghar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.14 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Zaheer Asghar, learned counsel for the applicant, Sri Rajendra
Prasad Singh, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.172 of 2026, under Sections
191(2), 115(2), 121(1), 127(2), 324(4), 61(2), 191(3), 190, 326(G), 125, 132,
195(2), 285 BNS, Section 3/4 of Prevention of Damage to Public Property
Act and Section 7 of Criminal Law Amendment Act, Police Station Phase-I,
District Commissionerate Gautam Buddh Nagar, during the pendency of
trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations levelled against her are per se false, and she has no concern
whatsoever with the alleged offence. It is submitted that she has been falsely
nominated in the instant case and that she is neither the leader nor has she
any connection with the alleged rioting or raising of slogans. No specific
role or overt act has been attributed to the applicant. As such, she is entitled
to bail. In all, 11 cases were foisted on the applicant at one go. She is in jail
since 12.4.2026. She undertakes to cooperate with the trial and not misuse
the liberty of bail.
BAIL No. 31458 of 2026
2
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that no specific role or overt act has been attributed to
the applicant, and without expressing any opinion on the merits of the case,
prima-facie the Court is of the view that the applicant has made out a case
for bail. The bail application is allowed.
7. Let the applicant- Manisha Alias Manisha Chauhan, be released on bail
in the aforementioned case crime on furnishing a personal bond and two
sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that she shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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