Mahesh @ Aryan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Mahesh @ Aryan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement/release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the six imposed conditions; identity, status and residential proof of sureties to be verified, and bail cancellable on breach.

Issue for consideration

Whether applicant Mahesh @ Aryan, accused in Case Crime No. 757 of 2024 (Sections 87, 64(1) BNS), Police Station Baraut, District Baghpat, should be enlarged on bail during trial.

Court's answer

The court found that, as per the FIR, the victim is a major (aged about 19 years); she travelled to various places with the applicant and stayed with him with consent, and became angry only upon discovering that he had spoken a lie to her (defence characterising the lie as concealment of his marriage).

Ratio / Principle

Considering the facts and circumstances of the case, the nature of evidence, and the absence of any convincing material to indicate the possibility of tampering with the evidence, the court was of the view that the applicant may be enlarged on bail.

Key takeaways

Bail was granted: the applicant is to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to imposed conditions (no tampering with prosecution evidence or harm/harassment to the victim/complainant; attendance on every date without delaying trial; an undertaking not to seek adjournment when witnesses are present, default being treated as abuse of bail liberty; no misuse of bail liberty, failing which proclamation under Section 84 BNSS, 2023 and proceedings under Sections 209/269 BNS, 2023 may follow; presence in person at case opening, framing of charge, and recording of statement under Section 351 BNSS, 2023), with the trial court urged to conclude the trial expeditiously.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 64), single Judge (Samit Gopal, J.), Criminal Misc. Bail Application No. 5836 of 2025, decided 18.3.2025 (neutral citation 2025:AHC:38296): bail under Section 483 BNSS granted to applicant Mahesh @ Aryan, in jail since 3.12.2024 in Case Crime No. 757 of 2024 under Sections 87, 64(1) BNS, Police Station Baraut, District Baghpat. The FIR (lodged 8.11.2024 by Jahid Chaudhary) reported the disappearance of his about-19-year-old daughter. Relying on the victim's recorded statements (defence-cited statements under Sections 180 and 183 BNSS), the court observed that as per the FIR the victim is a major who travelled to various places and stayed with the applicant with consent, becoming angry on discovering that he spoke a lie to her (defence characterising the lie as concealment of the applicant's marriage and children). Finding the absence of any convincing material to indicate the possibility of tampering with the evidence, the court enlarged the applicant on bail on a personal bond with two sureties each in the like amount, imposing conditions: no tampering with prosecution evidence or harm/harassment of the victim/complainant; attendance on every date without delaying trial; an undertaking not to seek adjournment on dates fixed for evidence when witnesses are present (default treated as abuse of bail liberty); no misuse of bail liberty, failing which proclamation under Section 84 BNSS, 2023 may issue and proceedings under Section 209 BNS, 2023 initiated; and personal presence at (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023, deliberate absence attracting action under Section 269 BNS, 2023. Trial court asked to conclude the trial expeditiously; sureties' identity/status/residence to be verified and bail cancellable on breach. Defence further stated the applicant has no criminal history (para 42 of affidavit). Bail application allowed.