Allowed

Mohit v. State of U.P.

Allahabad HC4 Jan 2018BAIL/198/2018

Case brief

AI extract

What is this about?

In a bail application under Sections 457, 380, 427, and 411 IPC, the single judge granted bail to the applicant, Mohit, who claimed false implication due to a labour dispute. The court found reasonable apprehension of witness tampering and prima facie satisfaction of the charge.

What did the court decide?

Released on bail by furnishing a personal bond with two sureties in like amount, subject to conditions of attendance, no tampering, and no illegal activities.

Mohit Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 198 of 2018

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Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Dinesh Tiwari, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant was working as Driver in the institution in question and there exist a dispute with regard to payment of remuneration between the applicant and informant on account of which applicant has been falsely implicated in the present case. 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 17.11.2017. 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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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Mohit involved in Case Crime No.559 of 2017, under Sections 457, 380, 427, 411 I.P.C., Police Station Khandauli, District Agra be released on bail on his furnishing a personal bond with two 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 :- 4.1.2018

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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?

What did the court decide?

What the court decided

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