Allowed

Lalit Mohan Alias Lalit Alias Lalitesh v. State of U.P.

Allahabad HC28 Sept 2020BAIL/10171/2020

Case brief

AI extract

What is this about?

High Court granted bail to Lalit Mohan in Crime No. 413 of 2019, charged under IPC 323, 307. Court was prima facie satisfied regarding the charge and reformative theory of punishment without expressing an opinion on merits.

What did the court decide?

Release on bail in Crime No.413 of 2019 on furnishing a personal bond and two sureties each subject to conditions of appearance and non-tampering.

Lalit Mohan Alias Lalit Alias Lalitesh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10171 of 2020

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Applicant :- Lalit Mohan Alias Lalit Alias Lalitesh Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha),Anil Kumar Srivastava (Senior Adv.),Subhash Chandra Yadav,Suneel Kumar Yadav

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Counsel for Opposite Party :- G.A.,Rohit Nandan Pandey,Sanjeev Kumar Pandey,Vipin Kumar

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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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 it is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressors and the incident had taken place at the spur of the moment. 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 6.2.2020. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the complainant and A.G.A. have vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Lalit Mohan Alias Lalit Alias Lalitesh , be released on bail in Case Crime No.413 of 2019, under Sections- 323, 307 I.P.C., Police Station- Jalesar, District- Etah, 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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The applicant will attend and co-operate the trial proceedings 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 28.9.2020 Dev/-

Lalit Mohan Alias Lalit Alias Lalitesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lalit Mohan Alias Lalit Alias Lalitesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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