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Allahabad High Court

MANMOHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application is dismissed as it lacks merit and no new ground is shown.

Summary

The applicant, Manmohan, filed a second bail application in Criminal Misc. Bail Application No. 31684 of 2026 concerning case Crime No. 500 of 2025, which involved charges under Sections 70(2), 137(2), 127(4), 351(3) of the B.N.S., 2023 and Sections 5G and 6 of the P.O.C.S.O. Act, 2012. The first bail application had been rejected on 28 March 2026. The applicant’s counsel could not demonstrate any new ground or change in circumstances to justify granting bail on this second attempt. The Court found the application devoid of merit and consequently rejected it. The Court directed that the main trial proceed expeditiously, but clarified that its observations were limited to the bail application and would not affect the trial’s merits. The bail application was therefore dismissed.

Issues considered

  • Whether a second bail application can be granted in the absence of any new ground or material change in circumstances.
  • Whether the charges under the listed sections justify denial of bail.

Legislation cited

Subjects

  • bail
  • second bail application
  • no new ground
  • criminal procedure
  • sections 70 137 127 351
  • P.O.C.S.O. Act

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 31684 of 2026

                                    Manmohan
                                                                                                              .....Applicant(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Opposite Party(s)

                                    Counsel for Applicant(s)                                 :    Ashish Srivastava
                                    Counsel for Opposite Party(s)                            :    G.A.

                                    Court No. - 68
                                    (Sr. No.22 out of 318)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Ashish Srivastava, learned counsel for applicant, Sri Arun Kumar
                                    Mishra, learned A.G.A. for the State.

                                    3. This is the second bail application on behalf of the applicant. The first one was
                                    rejected by this Court vide order dated 28.03.2026 passed in Criminal Misc. Bail
                                    Application No.4433 of 2026.

                                    4. The present bail application has been filed by the applicant in Case Crime No.500
                                    of 2025, under Sections 70(2), 137(2), 127(4), 351(3) B.N.S., 2023 and Sections 5G, 6
                                    of P.O.C.S.O. Act, 2012, Police Station Shahganj, District Agra with the prayer to
                                    enlarge him on bail.

                                    5. Learned counsel for the applicant could not produce any new ground for pressing
                                    the instant bail application, as such, I do not find it a fit case for grant of bail to the
                                    applicant. The instant bail application is found devoid of merits and is, accordingly,
                                    rejected.

                                    6. However, it is directed that the aforesaid case pending before the trial court be
                                    decided expeditiously, as early as possible, in accordance with law, if there is no legal
                                    impediment.

                                    7. It is clarified that the observations made herein are limited to the facts brought in by
                                    the parties pertaining to the disposal of bail application and the said observations shall
                                    have no bearing on the merits of the case during trial.

                                                                                                          (Krishan Pahal,J.)
                                    September 9, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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