Mohit Kumar Vs State of U.P.

Neutral Citation No. - 2025:AHC:106930

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23339 of 2025

Applicant :- Mohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Ramesh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Mohit Kumar , seeking enlargement on bail during trial in connection with Case Crime No. 78 of 2025, under Sections 69, 351(3), 352 B.N.S., Police Station Hapur Dehat, District Hapur.

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The first information report of the present matter was lodged on 13.03.2025 by the victim against the applicant and 04 other persons alleging therein that she came in contact with the applicant through Instagram and developed friendship. On a false promise to marry they indulged in physical relationship. They have repeated physical relationship and in the meantime she became pregnant. The applicant then called her and gave her some medicine after which the said pregnancy was aborted. She was pressurizing him for marriage but he refused and stated that he has relationship with many such girls.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl. It is submitted that the relationship between the applicant and the victim had started from friendship and was a consensual relationship in which even she became pregnant but got the pregnancy aborted. It is submitted that subsequently when the relationship between them became sour the present first information report has been lodged. While placing paragraph 21 of the affidavit it is submitted that the applicant was implicated in a case previously but has been acquitted vide judgement & order dated 06.08.2024 by the concerned trial court, the copy of the said order is annexed as Annexure-8 to the affidavit. The applicant is in jail since 06.05.2025.

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

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. She and the applicant had come in contact through social media and then had physical relationships many times. She became pregnant which was aborted. The factum of marriage could not materialize.

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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.

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Let the applicant- Mohit Kumar , 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:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(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.

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(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.

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(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 84 B.N.S.S., 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 him, in accordance with law, under section 209 B.N.S., 2023.

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(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 B.N.S.S., 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 him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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

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concerned will be at liberty to cancel the bail and send the applicant to prison.

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