Allahabad High Court
MANISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant Manish.
Summary
The High Court considered a bail application filed by Manish, accused in Crime No. 62 of 2025 under Section 103(1) BNS for a death that occurred at his residence. The applicant's counsel argued that he was falsely implicated, that the deceased had an illicit relationship with the applicant's sister, and that the fatal injury was actually caused by the applicant's brother, Avanish Rajbhar. The State opposed bail, but the court noted the lack of direct evidence linking the applicant to the killing, the alleged provocation, and the applicant's clean criminal record. Finding that the applicant had made out a prima‑facie case for bail, the court ordered his release on a personal bond and two sureties, subject to standard conditions. The order does not affect the trial on the merits.
Issues considered
- Whether bail should be granted to the accused Manish pending trial in view of the alleged provocation and lack of direct evidence of his involvement
Subjects
- bail
- criminal procedure
- Section 103(1) BNS
- presumption of innocence
- sureties
- provocation
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32896 of 2025
Manish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manvendra Narain Pathak, Deeksha
Gupta, Ram Krishna Paramhans Singh,
Siddharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.84 out of 150)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Manvendra Narain Pathak, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.62 of 2025, under Sections 103(1)
BNS, Police Station Mehnaazpur, District Azamgarh, 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
instant case seems to be a case of sudden provocation as the deceased is
alleged to have established corporeal relationship with the sister of the
applicant. The applicant has nothing to do with the said offence.
5. Learned counsel for the applicant has further argued that it is but obvious
that the deceased himself committed lurking house-trespass in night, having
entered the house illegally without any authority. Even otherwise, if the
prosecution story is considered to be true, the statement of sister of the
informant indicates that the fatal injury to the deceased was caused by
Avanish Rajbhar, the brother of the applicant, and not the applicant. There
are general and omnibus allegations against all the accused persons
BAIL No. 32896 of 2025
2
otherwise.
6. It is further argued by learned counsel for the applicant that it is true that
the dead body was found in front of the gate of the applicant. The applicant
has no criminal history and is in jail since 5.6.2025. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
8. 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 it seems to be a case of sudden provocation and
the role of causing fatal injury to the deceased has not been assigned 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.
9. Let the applicant- Manish, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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