Allowed

Mohit v. State of U.P.

Allahabad HC22 Oct 2018BAIL/18570/2018

Case brief

AI extract

What is this about?

Hon'ble Single Judge granted bail to Mohit accused under Section 307 IPC in a false implication plea. Court relied on Article 21 and Dataram Singh without expressing view on merits, directing release on personal bond with two heavy sureties subject to standard bail conditions.

What did the court decide?

Released on bail with personal bond and two heavy sureties subject to conditions of cooperation, non-tampering, and no illegal activities.

Mohit Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18570 of 2018

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Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Murari Tripathi,Hari Har Prasad Counsel for Opposite Party :- G.A.,C.S.Kushwaha,Chandra Shekhar Kushwaha

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the incident has not taken place as has been alleged by the prosecution. It is further submitted that the applicant has no concern with the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 27.2.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant Mohit involved in Case Crime No.178 of 2018, under Section 307 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar be released on bail on his furnishing a personal bond with

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two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 22.10.2018 Dev/-

Mohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit v. State of U.P.

Case brief

What is this about?

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