Moni Upadhyay vs State Of U.P. And 3 Others
- Neutral2026:AHC:103469
Ratio decidendi
The rule this decision rests on
Where an applicant charged with serious offences has no criminal history, has been in custody for a considerable period, expresses willingness to cooperate with trial, and the evidence on record suggests the complainants may be consenting parties, bail may be granted notwithstanding the gravity of the charges. Bail granted under this Court's discretion shall be conditional upon the applicant furnishing a personal bond and sureties, and upon undertakings not to tamper with evidence or intimidate witnesses and to appear as required before the trial court. Breach of conditions imposed as part of a bail order constitutes grounds for cancellation of that bail. Observations made by an appellate or superior court in granting bail do not bind the trial judge and shall not affect the trial judge's independent formation of opinion based on evidence adduced at trial.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 24.4.2026.
2. Heard Sri Punya Sheel Pandey, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 392 of 2025, under Sections 137(2), 64(1) BNS and 3/4 POCSO Act, Police Station Refinery, District Mathura, during the pendency of trial.
ARGUMENTS ON BEHALF OF APPLICANT:
4. The applicant is absolutely innocent and has been falsely implicated in the present case. The victims V1 and V2 are stated to have gone on their own from their house as they were not satisfied with their parents. The victims have categorically stated that they wanted to live independent life and that they had consensual relation with the applicant. Both the sisters have stated that they want to stay together away from their parents.
5. The instant FIR is a misuse of the process of law, which itself is delayed by five days. Both the victims are major as there is no documentary evidence to suggest that they were minor.
6. There is no criminal history of the applicant. The applicant is languishing in jail since 2.1.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
ARGUMENTS ON BEHALF OF STATE/INFORMANT:
7. Learned A.G.A. has opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
CONCLUSION:
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in FIR and the statement of the victims, whereby they seem to be consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Moni Upadhyay, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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.
(Krishan Pahal,J.)
May 6, 2026
Shalini
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