Lack of Direct Evidence and Supreme Court's Bail Principles Influence Decision
In a significant judgment, the Allahabad High Court has granted bail to Manjeet Kumar, who was accused of harassment, abduction, and causing death by strangulation and poisoning under Section 103(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The decision was delivered by Justice Arun Kumar Singh Deshwal on April 16, 2026, following an extensive review of conflicting affidavits and lack of direct evidence.
The case, which has drawn considerable attention, revolves around the alleged abduction and murder of the deceased, Mishlawati. The prosecution claimed that Kumar harassed the deceased, abducted her, and subsequently caused her death. However, the defense argued that Kumar and the deceased were in a consensual relationship and that the injuries sustained by the deceased were accidental.
The High Court's decision was significantly influenced by the absence of direct evidence linking Kumar to the crime. No weapon was recovered, and conflicting accounts were presented by both the prosecution and defense. Additionally, the Court considered the Supreme Court's guidelines on personal liberty and bail jurisprudence, which advocate for bail to be the rule and jail the exception.
The judgment also addressed procedural lapses in the handling of the case. The Superintendent of Police, Basti, was found to have filed incorrect affidavits, leading the Court to consider contempt proceedings. However, an apology from the officer was accepted, and a lenient view was taken.
The Court emphasized the use of the Bail Order Management System (BOMS) to expedite the communication of release orders, in line with the Supreme Court’s directives.
This judgment underscores the judiciary's commitment to upholding personal liberty and ensuring that procedural errors do not infringe upon the rights of individuals. The case will continue to be monitored closely as it proceeds through the judicial system.
Bottom Line:
Bail granted in a case under Section 103(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the lack of direct evidence, conflicting affidavits, and the mandate of the Supreme Court regarding personal liberty and bail jurisprudence.
Statutory provision(s): Section 103(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Manjeet Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2885125
