Mohit v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47875 of 2023 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Dilip Singh Yadav, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 14 of 2023, under Sections 363, 366 I.P.C., Police Station Airwakatra, District Auraiya, during the pendency of trial.

¶4As per prosecution case, the applicant in collusion with co-accused person is stated to have enticed away the minor daughter of informant aged about 16 years on 25.01.2023 at about 10:30 P.M. The victim is stated to have taken away 1.5 lacs with her.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further stated that the F.I.R. is delayed by about 7 days and there is no explanation of the said delay. Learned counsel stated that the victim is a consenting party. She has categorically stated in her statement recorded under Section 164 Cr.P.C. that she had gone out of her own sweet will with the applicant. Learned counsel further submitted that the the applicant and the victim have married with each other and the present affidavit has been sworn by victim Sanjana herself. The applicant has explained his criminal history and he is on bail in that case. The applicant has no other criminal history. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 01.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Mohit who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.11.2023 Manoj High Court of Judicature at Allahabad