Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24599 of 2025 Mohit Arora State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Ambrish Kumar Pandey, G.A., Ram : Shahabuddin Kumar Pandey Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Shahabuddin, learned counsel for the applicant, Ram Kumar Pandey, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Sri Ram Kumar Pandey, Advocate states that he has filed his vakalatnama on behalf of the first informant in the office on 8.8.2025 but the same is not on record. Office is directed to trace out the same and place it on record by the next date and make a note in the order sheet regarding the same. 4. This bail application under Section 483 BNSS has been filed by the applicant-Mohit Arora, seeking enlargement on bail during trial in connection with Case Crime No.128 of 2025, u/s 376, 406, 120-B and 504 IPC, P.S. Dibai, District Bulandshahar. 5. The FIR of the matter was lodged on 25.2.2025 by Smt. Arti against the applicant and three other persons alleging therein that she is widow having four children. Her daughter is aged about 20 years. Since the last one and half years, her daughter used to talk with Mohit Arora, the applicant on Instagram. Mohit Arora then lured her and on a false promise to marry entangled her in his love. Last year he called her daughter in a hotel and established physical relationship with her. When her daughter told her about it, she talked to Mohit Arora who stated that he would marry her daughter. He then stated that he does work of D.J. and he wants a room in her house 2 BAIL No. 24599 of 2025 for work on rent. On his assurance she gave a room to him on rent where he started living. He then demanded Rs.5 lakh stating that she has two shops and she may enter into an agreement for it and give him money for his work. On his assurance, she gave Rs.5 lakh to him by entering into an agreement for the said two shops with one Sakir Ali on 19.1.2024. Both of them then assured her that she can take back the said shops after paying the money within three years. He then took all the money from her and went to his house. He is not marrying her daughter. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a major girl aged about 20 years. Learned counsel for the applicant has placed before the Court the supplementary affidavit dated 12.8.2025 which is on record and submitted that the affidavit in the same is of the victim in which in para 3, she states that she and the applicant are major and love each other and they are ready to solemnize marriage but the informant, her mother has lodged FIR against the applicant. It is further argued that the relationship between the applicant and the victim was a consensual relationship on some discussion of marriage which earlier could not materialize but now the parties are ready for marriage and their family is also ready for the same. It is further argued that charge sheet has been submitted in the matter. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 20.3.2025. 7. Per contra learned counsel for the State opposed the prayer for bail. 8. Although learned counsel for the first informant is present but he does not oppose the prayer for bail and submits that the victim and the applicant are ready for marriage and also ready to live together. 9. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major girl. The relationship between the applicant and the victim was on some discussion of marriage for which their family members are also ready. Due to some reason the marriage could not be solemnized and thus present FIR has been lodged. Now the parties and their family are ready for marriage. 3 BAIL No. 24599 of 2025 10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant-Mohit Arora, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her/him presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her/him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to 4 BAIL No. 24599 of 2025 conclude the trial expeditiously after the release of the applicant. 12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 13. The bail application is allowed.
Decision
14. Pending application(s), if any, shall stand disposed of. September 17, 2025 Gaurav Kuls (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad