Allahabad High Court
MANJIT CHAUHANversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to prescribed conditions.
Summary
Manjit Chauhan applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 352, 351(2) of the IPC, Section 69 of the BNS Act and Section 67 of the Income Tax Act. The applicant claimed he was falsely implicated in an alleged sexual assault where the victim, a 23‑year‑old woman, alleged a physical relationship based on a false promise of marriage and that he recorded videos on her phone, but no videos were made public and she refused a medico‑legal examination. The State opposed bail but did not dispute the factual matrix. The court, considering the nature of the offences, the applicant’s clean record, the prolonged pre‑trial detention, overcrowded jails, and Supreme Court precedents (Kapil Wadhawan and Maya Tiwari), held that bail was appropriate. Accordingly, the court ordered the release of the applicant on bail with a personal bond, two sureties and specific conditions. The order also directed verification of identities and electronic transmission of the release order to the jail.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences including assault and alleged video recording.
- Whether the applicant’s alleged false implication and lack of prior criminal record justify bail.
- Whether the circumstances of overcrowded prisons and trial pendency warrant bail despite the seriousness of the allegations.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183, 483
- Income Tax Act — s. 67
- Indian Penal Code — s. 351(2), 352
Subjects
- bail
- false implication
- sexual assault
- video recording
- overcrowded prisons
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31686 of 2026
Manjit Chauhan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : R.B. Singh, Surendra Nath Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Surendra Nath Yadav, learned counsel for the applicant, Sri
Radhey Shyam, 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. 49 of 2026 under Sections 352,
351(2), 69 BNS and 67 I.T. Act registered at Police Station Ghosi, District
Mau 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 victim is a major lady
aged about 23 years. It is further submitted that there is no allegation in
the FIR regarding commission of sexual assault on the victim, however,
in the statements of the victim recorded under sections 180 and 183
BNSS, she has stated that applicant established physical relationship with
her on false promise of marriage and also recorded videos of the said
incident. It is further submitted that the alleged videos have been recorded
from the mobile phone of the victim and the applicant has not made them
viral. It is next submitted that the victim refused to undergo medico-legal
examination. It is further submitted that applicant has no criminal history
and he has been languishing in jail since 31.7.2026. It is also submitted
that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases
BAIL No. 31686 of 2026
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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. As per the FIR, applicant is said to have threatened to make her videos
and photographs viral. The victim has stated in her statements recorded
under sections 180 and 183 BNSS that applicant established physical
relationship with her on false promise of marriage for about one year and
also recorded videos of the said incident. However, no such videos or
photographs are said to have made viral by the applicant. The victim is a
major lady aged about 23 years and she has refused to undergo medico-
legal examination. Applicant, who has no criminal history, has been
languishing in jail since 31.7.2026.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded
jails and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 as well as guideline of this Court in the case of Maya
Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant Manjit Chauhan involved in the aforementioned 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, 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 cooperate in the trial/investigation sincerely without
seeking any adjournment.
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(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the bond
executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted. Verification
of mobile number and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.
10. 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.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24 hours
in compliance of the order of the Apex Court in the case of Policy Strategy
for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021
decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 30, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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