Allahabad High Court
Ajay Mathur vs State Of U.P. And 3 Others on 21 November, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:209199
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33731 of 2025
Ajay Mathur
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Bratendra Singh
Counsel for Opposite Party(s)
:
G.A., Sajiya Parveen
Court No. - 66
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Sri Mohan Kant Baghel and Sri Gaurav Singh, Advocates appear on behalf of the first informant/opposite party No.2 and files vakalatnama today in Court which is taken on record.
3. Heard Sri Bratendra Singh, learned counsel for the applicant, Sri Gaurav Singh, learned counsel for the first informant/O.P. No.2, Ms. Sajiya Parveen, learned panel lawyer of the High Court Legal Services Committee and Sri Bade Lal Bind, learned counsel for the State/O.P. No.1 and perused the material on record.
4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ajay Mathur, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act, registered at Police Station Tundla, District Firozabad.
5. The FIR of the matter was lodged on 03.05.2025 by Girraj Diwakar against the applicant alleging therein that on 01.05.2025 he, his wife and three children had gone to the filed to protect crops and his daughter aged about 17 years was alone in the house who at about 03:00 pm without informing anyone left the house and went away. She took her mobile with herself. He has suspicion that she used to talk to a boy Ajay Mathur on his mobile who has lured and enticed her away. Report be lodged and action be taken.
6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per High School Marksheet of the victim, her date of birth is 31.08.2008 and as such she is aged about 17 years. It is submitted that during investigation the victim in her statement recorded under Section 180 BNSS and 183 BNSS has stated that she went with the applicant out of her own sweet will, solemnized marriage and they were living as husband and wife. She was in touch with him since last two years. It is submitted that looking to the statements of the victim and her age, the present case is a case of elopement. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 05.05.2025.
7. Per contra, learned counsel for the first informant, learned panel lawyer of the High Court Legal Services Committee and learned counsel for the State opposed the prayer for bail.
8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim during investigation is stated of going with the applicant, marrying him and living with him as husband and wife. They were in touch since last two years. The present case appears to be a case of elopement.
9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
10. Let the applicant Ajay Mathur 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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.
(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.
(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.
(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 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.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
11. 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.
12. The bail application is allowed.
13. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.) November 21, 2025 M. ARIF