Allowed

Deepak @ Deep Mohan v. State of U.P.

Allahabad HC17 Nov 2020BAIL/14494/2019

Case brief

AI extract

What is this about?

Hon'ble High Court Allahabad allowed bail application for applicant Deepak @ Deep Mohan charged under Sections 148, 302 IPC and POCSO, citing parity of role with co-accused already granted bail, finding it a fit case for bail.

What did the court decide?

Release on bail by executing personal bond with two sureties each, subject to conditions including not tampering with evidence or witnesses.

Deepak @ Deep Mohan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14494 of 2019

¶3

Applicant :- Deepak @ Deep Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Birendra Singh Khokher,Mayank Yadav Counsel for Opposite Party :- G.A.,Dinesh Kumar Yadav

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the applicant and the learned A.G.A.

¶6

This is a bail application on behalf of the applicant Deepak @ Deep Mohan in connection with Case Crime No.916 of 2018, under Sections 147, 148, 452, 323, 354, 504, 506, 307, 302 I.P.C. and Section 7/8 Protection of Children From Sexual Offences Act, Police Station Sardhana, district Meerut.

¶7

According to the prosecution case the first information report was lodged against six accused persons, namely, Rajvansh Bagadi, Devendra bagadi, Rohit Soni, Gajraj Saini, Amand and Deepak alleging that on 17.08.2018 they killed Suchita aged about 14 years by setting her on fire pouring kerosene oil, with intent to outrage her modesty. On 17.08.2018, dying declaration was recorded, she stated that Rohit, Aman, Deepak and Bagadi had set her on fire by pouring kerosene oil.

¶8

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with a ulterior motive. He submitted that the co-accused Rohit Saini has been admitted to the concession of bail by another Bench of this Court by order dated 28.09.2020 passed in Criminal Misc. Bail Application No.20954 of 2019 and the role assigned to the applicant is similar to the role of the other co-accused, who has already been enlarged on bail and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

¶9

Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea. learned counsel for the complainant and the learned A.G.A. does not dispute the factum of parity.

¶10

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶11

Accordingly, the bail application stands allowed.

¶12

Let the applicant Deepak @ Deep Mohan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶13

i) The applicant shall not tamper with the prosecution evidence.

¶14

ii) The applicant shall not threaten or harass the prosecution witnesses;

¶15

iii) The applicant shall appear on the date fixed by the trial court;

¶16

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶17

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶18

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

¶19

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶20

Order Date :- 17.11.2020 R./

Deepak @ Deep Mohan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak @ Deep Mohan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Vs State of U.P.

ravi @ nitin Vs State of U.P.

Govind Paswan Vs State of U.P.

Mahendra Vs State of U.P.

Satendra Vs State of U.P.

Pradeep Vs State of U.P.