Mohan Singh vs State of U.P.

Neutral Citation No. - 2025:AHC:109466

Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10682 of 2025

Applicant :- Mohan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shamshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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This is second bail application. The first bail application was rejected by this Court vide order dated 24.10.2024 passed in Criminal Misc. Bail Application No.35212 of 2024.

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Heard Mr. Shamshad Ahmad, learned counsel for the applicant and learned A.G.A. for the State as well as perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail in S.T. Case No.182 of 2024 arising out of Case Crime No.0088 of 2024, under Sections 376, 452, 506 IPC and Section 67 of Information Technology (Amendment) Act, 2008, Police Station- Gohan, DistrictJalaun at Orai.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. The incident is alleged to have taken place on 25.4.2024 whereas the impugned FIR has been lodged on 24.6.2024 for which no explanation has been given. As per FIR, the victim is major aged about 19 years. He further submits that during the course of trial, P.W.1- victim, P.W.2- father and P.W.3- mother of the victim have turned hostile, copies of their statements are annexed as Annexure No.3, 4 and 5 to the affidavit. He further submits that during investigation, the Investigating Officer has not found any obscene video and nothing material was collected against the applicant and as such, no offence under Section 67 of the Information Technology Act against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the

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applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 25.06.2024 having no previous criminal history.

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Learned A.G.A has vehemently opposed the prayer for grant of bail but could not disputed the above submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Mohan Singh , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) 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.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.

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(iii) 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 IPC.

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(iv) 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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With the above observation/direction, the instant bail application is allowed .

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Order Date :- 10.7.2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Mohan Singh v. State of U.P.

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Mohan Singh v. State of U.P.

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