Mohit Kumar Gautam v. State of U.P

Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

This bail application under Section 483 of B.N.S.S. has been filed by the applicant Mohit Kumar Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 347 of 2025, under Sections 366, 376, 323, 506 I.P.C., registered at Police Station Mauaima, District Prayagraj.

The FIR of the matter was lodged on 20.07.2023 under Sections 363, 366 IPC by Haripal against the applicant alleging therein that his daughter was entangled by him and lured and enticed away on 18.07.2023 between 01:00-02:00 pm. Report be lodged and action be taken.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was subsequently recovered on 23.08.2023. It is submitted that reading of the statements of the victim recorded during investigation goes to show that she went with the applicant out of her own sweet will and physical relationship was established with consent. It is submitted that during investigation Sections 376, 323, 506 IPC was added whereas Section 363 IPC was deleted. It is submitted that the victim is a major girl aged about 18 years. It is submitted that the victim has been known the applicant since last one and half months and they were talking on mobile phone. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 04.07.2025.

Per contra, learned counsel for the State opposed the prayer for bail.

After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl. The victim went from her house with the applicant out of her own sweet will. Physical relationship was established with consent between them.

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.

Let the applicant Mohit Kumar Gautam, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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 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 his presence proclamation under section 82 Cr.P.C. 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 him, in accordance with law, under section 174-A I.P.C. (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 313 Cr.P.C. 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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.

Pending application(s), if any, shall stand disposed of. Order Date :- 22.8.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad