Allowed

Mohit v. State of U.P. and Another

Allahabad HC10 May 2019CRLA/856/2019

Case brief

AI extract

What is this about?

In this criminal appeal, the Court allowed the bail application for the appellant Mohit, challenging the previous order. Without expressing an opinion on merits, the Court deemed it a fit case for bail given the circumstances, notwithstanding opposition by the State.

What did the court decide?

Appellant Mohit released on bail with personal bond and two reliable sureties of equal amount.

Mohit Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 856 of 2019

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Appellant :- Mohit Respondent :- State Of U.P. And Another Counsel for Appellant :- Dhiresh Kumar Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Perused the record. Despite the service of notice, no one has appeared.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 30.11.2018 passed by Second Additional Session Judge/Special Judge (SC/ST Act), Shahjahanpur in Bail Application No.2861 of 2018 (Ravindra Kumar and another Vs. State of U.P.) arising out of Case Crime No.175 of 2017, under Sections 376-D, 506 I.P.C. Section 3(1)12 SC/ST Act, P.S. Gadhiya Rangeen, District Shahjahanpur, seeking bail in the aforesaid sections.

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Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He submitted that the girl was in a consensual relationship with co-accused Ravindra and the victim has also lodged first information report against co-accused Ravindra. He further submitted that co-accused Ravindra Kumar has already been enlarged on bail by this Court in Criminal Appeal No.7765 of 2018 vide order dated 08.05.2019. He submitted that the appellant is in jail since 06.11.2018.

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Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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Let the appellant Mohit be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

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Order Date :- 10.5.2019

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R./

Mohit v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohit v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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