Allahabad High Court
MANJU @ PHOOLWATIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was denied as the applicant is the main accused and the application was found devoid of merit.
Summary
Manju (Phoolwati) applied for bail in a criminal case (Crime No. 0162 of 2026) where she is charged under several IPC sections and sections 17 and 18 of the Protection of Children from Sexual Offences Act, 2012, alleged to have trafficked a woman and sold her for Rs. 1 lakh. The applicant claimed innocence, citing contradictions in the victim's statement and asserted that, as a woman, she is entitled to bail. The State, represented by the learned A.G.A., opposed bail, contending that the applicant is the main accused in a serious women‑trafficking offence. After hearing both sides, the Court held that the applicant is indeed the main accused and found the bail application without merit, consequently rejecting it. The order also directed the trial court to expedite the pending trial, while clarifying that the bail order does not prejudice the trial's merits.
Issues considered
- The applicant's entitlement to bail despite being the main accused in a women‑trafficking and POCSO case.
- Whether the seriousness of the offences and the applicant's role justify denial of bail.
Legislation cited
- Indian Penal Code — s. 126, 127, 143(4)(6), 144(1), 98, 99
- Protection of Children from Sexual Offences Act, 2012 — s. 17, 18
Subjects
- bail
- women trafficking
- POCSO
- main accused
- criminal procedure
- Indian Penal Code
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32353 of 2026
Manju @ Phoolwati
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh Yadav, Kuldip Singh
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 62 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice has been
served to the informant on 5.9.2026.
2. Heard Sri Kuldip Singh Yadav, learned counsel for applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. The present bail application has been filed by the applicant in Case Crime
No. 0162 of 2026, under Sections 143(4)(6), 144(1), 98, 99, 127, 126, 3(5)
BNS and 17/18 of the Protection of Children from Sexual Offences Act,
2012, Police Station Kokhraj, District Kaushambi, with the prayer to
enlarge her on bail.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case.
There is material contradiction in the statement of the victim, as such, the
applicant, being a lady, is entitled for bail. The applicant is in jail since
8.5.2026 and is ready to cooperate with trial. In case, the applicant is
released on bail, she will not misuse the liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application
on the ground that the applicant is the main accused person, who was
involved in the offence of women trafficking, as she had sold off the victim
for a consideration of Rs. 1 lakh to co-accused person Anshu Yadav.
BAIL No. 32353 of 2026
2
6. After hearing learned counsel for the parties and taking into consideration
the fact that applicant is the main accused person in the said case, I do not
find it a fit case for grant of bail to the applicant. The bail application is
found devoid of merits and is, accordingly, rejected.
7. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously as early as possible, if there is no legal
impediment.
8. 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.
9. The Registrar Compliance is directed to transmit a copy of this order to
the trial court concerned for necessary compliance.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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