Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122993 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25557 of 2025 Applicant :- Mohsin Saifi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Sameer Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sameer Khan, learned counsel for the applicant and Sri Birendra Pratap Singh, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 210 of 2025, under Sections 115(2), 351(2), 123, 64 & 74 of BNS, Police Station - Kotwali, District - Ghaziabad, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have befriended the victim on instagram and the relationship emanated into marriage between the two. Subsequent to it, it was revealed that the applicant had concealed his earlier marriage as the victim had seen certain photographs of his earlier wife and children.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed and there is no explanation of the said delay caused.
6. Learned counsel has also stated that the victim is 22 years old obviously she was major at the time of offence. The only allegation is that the applicant had concealed his earlier marriage but the said allegation is false and has been made as an afterthought. The matter of family discord has been converted into a criminal case by the informant.
7. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.06.2025 and he is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned AGA has vehemently opposed the bail application on the ground that the applicant concealed his existing marital status and induced the victim into a relationship, leading to her pregnancy. Despite being already married, he proceeded to marry the victim and ruined her life, as such, the applicant is not entitled for bail.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that at the time of occurrence, the applicant and the victim both are major, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Mohsin Saifi, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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:- 25.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad