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2025 DAILYLAW 60072 (ALL)

MOHAN SINGH ALIAS MONU v. STATE OF U.P. AND 3 OTHERS

BAIL/18102/2025 · 2025-05-26

Krishan Pahal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90124 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18102 of 2025 Applicant :- Mohan Singh Alias Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashish Mishra, learned counsel for the applicant, Sri Shubham Singh, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.133 of 2024, under Sections 363, 366, 376(3) I.P.C. and 5(J)/6 POCSO Act, Police Station Titavi, District Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is but evident from her statement recorded under Section 164 Cr.P.C. and she is living happily in the house of her in-laws i.e. applicant. She is 19 years old as per her own statement and was pregnant. 5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 14.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have not disputed the submissions made by counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim seems to be a consenting party, 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. 8. Let the applicant- Mohan Singh Alias Monu, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It 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 :- 27.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad