✦ Allahabad High Court · 04 Apr 2025

Mohit Bishwas Urf Sonu Bangali v. State Of U.P. And 3 Others

CRIMINAL MISC. BAIL APPLICATION No. 3065 of 2025KRISHAN PAHAL4 min read

Case at a glance

Outcome

Bail granted

bail application is allowed

Judgment

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Allahabad High Court or eCourts case status (search case no. CRIMINAL MISC. BAIL APPLICATION No. 3065 of 2025). ← Search more judgments