Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63011 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1865 of 2025 Applicant :- Monis Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sageer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sageer Ahmad, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Monis, seeking enlargement on bail in Case Crime No. 333 of 2024, under Sections- 142 B.N.S. & 16/17 of POCSO Act, Police Station-Neoria, District-Pilibhit.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 31.10.2024. First Information Report has been lodged on 29.10.2024, against one Faheem, with the allegation that Faheem has enticed away the daughter of the first informant namely Rakhi. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. He further submits that the applicant is real brother of the named accused person. The only allegation levelled against the applicant by the victim victim in her statement is that the applicant has escaped them. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed. Let the accused-applicant, Monis, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad