Mohit Bishwas Urf Sonu Bangali v. State Of U.P. And 3 Others
Case at a glance
Outcome
Bail granted
bail application is allowed
Provisions considered
Judgment
Heard Sri Rajeev Kumar Singh, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No.716 of 2024, under Sections 137(2), 87, 65(1) B.N.S., 3/4 POCSO Act and 3(2)V SC/ST Act, Police Station- Jhangaha, District- Gorakhpur, during the pendency of trial.
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 U/s 183 B.N.S.S. The victim by her looks seems to be major, although as per the ossification test report her age has come out to be 16 years, as such, a leverage of two years may be granted to the applicant on the upper side.
Learned counsel for the applicant has further stated that the criminal history of one case assigned to the applicant stands explained vide supplementary affidavit filed today in Court. The applicant is languishing in jail since 21.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: bail application is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 65(1), 87, 137(2); Protection of Children from Sexual Offences Act, 2012; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183; Code of Criminal Procedure, 1973 — s. 313.
Which court decided this case, and when?
Allahabad High Court, on 04 Apr 2025. The bench was KRISHAN PAHAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.