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2025 DAILYLAW 186277 (ALL)

MOHIT GUPTA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11681/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11681 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 416 of 2025, under sections 69, 333, 351(3) BNS and Sections 3/4 POCSO Act, P.S. Gangaghat, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR lodged through application under Section 173(4) it was alleged that the applicant was forming physical relation with daughter of informant since last three years on false pretext of marriage and subsequently the marriage was refused. The affidavit of victim is on record wherein she has stated that the case was lodged only as the applicant was refusing to marry her. The tentative age of the victim is around 18 years. 4. Learned AGA has opposed the bail application. 5. Considering the fact relationship continued over long span of time and affidavit has been filed by the victim herself, however, without commenting upon the merits of the case, the applicant who is in jail since 24.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohit Gupta be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Devendra Kumar, Ashok Misra Counsel for Opposite Party(s) : G.A. Mohit Gupta .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. December 3, 2025 J. K. Dinkar BAIL No. 11681 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench