Monu Alias Ajay Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:68567

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12157 of 2025

Applicant :- Monu Alias Ajay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Tiwari,Sampoorna Nand

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Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 16.04.2025 but none is present on behalf of the informant.

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Heard Sri Akhilesh Kumar Tiwari, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record.

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Applicant seeks bail in Case Crime No. 0517 of 2024, under Sections 137(2), 87, 65(1) of BNS and Sections 5(E)(2)/6 of POCSO Act, Police Station - Ramgarhtaal, District - Gorakhpur, during the pendency of trial.

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As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 9.9.2024 at about 08:00 AM.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused.

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Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she is residing in the house of the applicant and is pregnant. The applicant is ready to take care of the victim as wife and also her foetus.

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Learned counsel has further stated that as per the birth certificate of the victim, her date of birth is 02.01.2006, as such, her age has come out to be 18 years 8 months, thus, she is well above the age of majority on the date of incident. There is no medical corroboration of the incident. There is no criminal

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history of the applicant. The applicant is languishing in jail since 30.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that the victim is major on the date of incident and is residing in the house of the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Monu Alias Ajay , 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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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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Order Date:- 1.5.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Monu Alias Ajay v. State of U.P. and 3 Others

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