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2025 DAILYLAW 67047 (ALL)

MOHIT v. STATE OF U.P. AND 3 OTHERS

BAIL/20349/2025 · 2025-07-20

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118381 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20349 of 2025 Applicant :- Mohit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shantanu Counsel for Opposite Party :- G.A.,Manish Kumar,Ratnesh Srivastava Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Saurav Yadav, Advocate holding brief of Sri Shantanu, learned counsel for the applicant, Sri Manish Kumar, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 71 of 2023, under Sections 354, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station- Tappal, District- Aligarh, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The victim has not made any allegations against the applicant in her statement recorded under Section 164 Cr.P.C. rather she has levelled allegation against her sister-Jyoti. It is a clear cut case of false implication. He has further stated that the applicant has a criminal history of 4 cases which stands explained. He has been enlarged on bail in three of those cases and has applied for bail in the fourth case. The applicant is languishing in jail since 27.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant as well as learned State Law Officer has vehemently opposed the bail application. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering 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. 9. Let 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. Date :- 21.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad