HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32392 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Syed Faiz Hasnain, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant has submitted that according to the educational certificate, the victim is aged about 27 years, whereas in the F.I.R. it has been averred that the victim is aged about 24 years. Learned counsel has drawn attention of this Court to the statement of the victim recorded under Section 180 of B.N.S.S., and argued that the victim had gone with the applicant out of her own free will and had solemnised marriage with the applicant, inspite of the fact that the applicant was already married. Learned also further argued that even in the statement of the victim recorded under Section 183 of B.N.S.S., the victim has stated that the applicant had called her and she had gone to Dalpatpur Adda, thereafter she did not remember and when she became conscious, the applicant threatened her to marry him, thereafter marriage was solemnised and had also established physical relation. Learned counsel next argued that in fact, the victim is consenting party and bald allegations have been levelled against him with ulterior motive. Several other submissions in order to Versus Counsel for Applicant(s) : Aditya Gupta, Harsh Vardhan Gupta Counsel for Opposite Party(s) : G.A., Syed Faiz Hasnain Mohit Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since15.07.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Mohit Kumar involved in Case Crime No.300 of 2025 under Sections 351(2), 87, 64(1) of B.N.S., Police Station Mundha Panday, District Moradabad, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. BAIL No. 32392 of 2025 2 iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 15, 2025 S.Ali BAIL No. 32392 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad