Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119416 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14145 of 2025 Applicant :- Jogendra @ Mohini Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. In the F.I.R. Kinnar Paro has been named along with four unknown persons.
Learned counsel further submits it is alleged in the F.I.R. four unknown persons described to have amputated the private part of the informant's father. He further submits that the informant and his father (injured) have merely stated that four unknown persons have committed the offence. Learned counsel has drawn attention of this Court to the statement of independent eye-witness namely, Munish Pal alias Bhola, and argued that it has also only been stated by him that Taniya Khan alias Bangalan and Jogendra alias Mohini (the present applicant), who are eunuch came on his auto on the pretext of attending marriage and they were talking that Brahm Singh would meet him, except that there is nothing against the applicant. One similarly situated co-accused, namely, Ajay alias Brahm Singh has already been enlarged on bail by this Court and as the case of applicant is not on the worse footing than that of the aforesaid co- accused, therefore, applicant may also be enlarged on bail. Several other submissions in order to 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 the applicant is languishing in jail since 06.03.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of applicant by contending that innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the
bail application stands allowed. 5.
Let the applicant-Jogendra @ Mohini, be enlarged on bail in Case Crime No. 55 of 2025, under Sections 118(2), 333, 61(2) of B.N.S., Police Station- Wave City, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any 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 default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 22.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad