Allowed

Monu Ali v. State of U.P.

Allahabad HC23 Sept 2025BAIL/30431/2025

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS in a case of alleged rape of a minor girl. Court noted the victim was major, went with the applicant without objection, investigation concluded and charge sheet filed. Bail allowed subject to conditions including no tampering with evidence and presence at trial stages.

What did the court decide?

Applicant Monu Ali released on bail on personal bond and two sureties, subject to conditions imposed by the court.

Monu Ali vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30431 of 2025

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Monu Ali .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Sandeep Kumar Yadav, Subhash Chandra Pandey Counsel for Opposite Party(s) : G.A. Court No. - 64

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

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Learned counsel for the State submits that he has received instructions in the matter for which time was prayed and was allowed on 04.09.2025.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Monu Ali, seeking enlargement on bail during trial in connection with Case Crime No. 562 of 2025, under Section(s) 64, 87 B.N.S., registered at P.S. Pipraich, District Gorakhpur.

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The F.I.R. of the matter was lodged on 24.07.2025 by Gulab Chaudhary against the applicant and one other person alleging therein that the applicant since the last 04 months by alluring and threatening his daughter aged about 15 years, used to talk with her on phone. On 24.07.2025 at about 08:00 a.m. the applicant under threat took away his daughter to Kushinagar

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BAIL No. 30431 of 2025

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and Tarkulhi and by threatening and abusing her left her at another place. When he went to make a complaint at his house co-accused/Adalat the father of the applicant, threatened him and abused him.

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Learned counsel for the applicant argued that the victim is a major girl aged about 19 years. It is submitted that the victim during investigation stated that on 24.07.2025 when she was going to school, the applicant forcibly took her on two wheeler to Kushinagar and booked a room in a hotel and then committed rape upon her. When she stated of calling her parents then he told her that he would eliminate her. It is submitted that the present case is a case of consent. It is submitted that the victim while going with the applicant on two wheeler did not raise any objection or resentment. It is submitted while placing para-17 of the affidavit that charge sheet in the matter has been submitted against the applicant on 09.8.2025 and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is submitted that the victim in her statements recorded during investigation states that she used to talk with the applicant since the last one year. It is argued that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and is in jail since 31.07.2025.

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

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After having heard learned counsels for the parties and perusing the record, it is evident that the applicant and the victim used to talk with each other since the last one year. The victim went with the applicant on a motorcycle but she did not raise any objection or resentment. She is a major girl. Investigation in the matter has concluded and charge sheet has been submitted.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing

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BAIL No. 30431 of 2025

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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- Monu Ali, 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 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 him, in accordance with law, under section 209 BNS, 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 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it

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BAIL No. 30431 of 2025

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

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The bail application is allowed.

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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September 23, 2025

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Naresh

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

Monu Ali v. State of U.P.

Case brief

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Monu Ali v. State of U.P.

Case brief

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