Allahabad High Court
MOHAMMAD AARSHADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
Mohammad Aarshad was charged under Sections 69 and 351(2) of the Indian Penal Code for allegedly establishing a relationship with a 20‑year‑old woman by a false promise of marriage and later refusing to marry. He applied for bail during the pendency of the trial. The prosecution contended that he misled the victim, while the defence argued that there is no clinching evidence, the victim is a major, and the alleged consensual encounter was mischaracterised as a crime. The court observed that, without expressing an opinion on the merits, the applicant had made out a prima facie case for bail. Accordingly, bail was granted on personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses, and the order does not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail under Sections 69 and 351(2) of the IPC given the facts of the case
- Whether the prosecution has produced sufficient evidence to deny bail
Legislation cited
- Indian Penal Code — s. 351(2), 69
Subjects
- bail
- IPC Section 69
- IPC Section 351(2)
- false promise of marriage
- prima facie
- witness tampering
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44582 of 2025
Mohammad Aarshad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashwani Kumar Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.127 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.239 of 2025, under Sections 69,
351(2) BNS, Police Station Baghauchghat, District Deoria, during the
pendency of trial.
4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
had later on refused to comply with the said promise.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has nothing to do with the said offence. The victim is major aged about 20
years. There is no clinching evidence to suggest that the applicant misled the
victim from the beginning. The informant has converted a failed consensual
physical relationship into a criminal case. There is no criminal history of the
applicant and he is in jail since 19.10.2025. He undertakes to cooperate with
the trial and not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 44582 of 2025
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim is major and there being no clinching
evidence to suggest that the applicant misled her from the beginning, 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.
8. Let the applicant- Mohammad Aarshad, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 14, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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