Allowed

Mohit Verma v. State of U.P.

Allahabad HC30 Aug 2018BAIL/33003/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein Mohit Verma, while in jail, prayed for bail alleging false implication in a firing case. The court, relying on Article 21 and Dataram Singh, granted bail on personal bond and two sureties, directing speedy trial within six months.

What did the court decide?

Applicant released on bail on personal bond and two sureties; trial directed to conclude within six months.

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

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33003 of 2018

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Applicant :- Mohit Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Heard Sri Rajiv Chowdhury, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is case of firing on police party in which no one has sustained injuries. It is no injury case. It is further contended that the alleged recovery has been planted by the Police to implicate the applicant in the present case. There is no independent witness of the alleged recovery. It is further contended that criminal history of the applicant has been explained in the Supplementary Affidavit filed today. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 7.7.2017, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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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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Let applicant Mohit Verma, be released on bail in Case Crime No.598 of 2017, under Sections 3/7/25/27 Arms Act, Police Station- Nandganj, District- Ghazipur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 30.8.2018 ssm

Mohit Verma v. State of U.P.

Case brief

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Mohit Verma v. State of U.P.

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