Allahabad High Court
MOHAN ALIAS MUNNAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
Mohan alias Munna was arrested in connection with offences under Sections 65(1), 115(2), 352 and 351(3) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the POCSO Act. The applicant argued that the FIR was lodged five months after the alleged incident and the charge‑sheet under Section 173(4) was filed three months later, with no explanation for these delays and no medical evidence, claiming he was falsely implicated. The State opposed bail but could not refute the applicant’s contentions. The court, noting the unexplained delays and the lack of corroborative evidence, held that the applicant had made out a prima facie case for bail. Accordingly, bail was granted on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses and attendance before the trial court.
Issues considered
- Whether the unexplained delay in lodging the FIR and filing the charge‑sheet warrants denial of bail.
- Whether the seriousness of the offences under the Bihar Narcotic Substances Act and the POCSO Act precludes the grant of bail.
- Whether the applicant’s lack of prior criminal record and claim of innocence justify bail pending trial.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 173(4), 351(3), 352, 65(1)
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- delay in FIR
- POCSO
- prima facie
- sureties
- criminal procedure
- Bihar Narcotic Substances Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25029 of 2025
Mohan Alias Munna
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Chaudhary, Jitendra
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.109 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned A.G.A., notice to the
informant has been served on 28.07.2025, but none is present on behalf of
the informant.
2. Heard Sri Ashok Kumar Chaudhary, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State/ learned State Law Officer
for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.102 of 2025, under Sections 65(1),
115(2), 352, 351(3) of BNS and Sections 3/4 of POCSO Act, Police Station-
Belhar Kala, District- Sant Kabir Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about 5 months and there is no explanation of the said
delay caused. Even the application under Section 173(4) BNSS was moved
after a delay of about 3 months and there is no explanation of the said delay
either. There is no medical corroboration of the incident. The instant case is
the misuse of process of law. The applicant has no criminal history and is in
jail since 17.05.2025. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
BAIL No. 25029 of 2025
2
6. 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 the institution of the FIR and the fact that there is
no explanation of the said delay caused, and without expressing any opinion
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Mohan Alias Munna, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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