Allowed

Mohit v. State of U.P.

Allahabad HC7 Sept 2020BAIL/20083/2020

Case brief

AI extract

What is this about?

This is a bail application where the applicant was in custody for offences of abduction and kidnapping. The court found prima facie satisfaction regarding the charge and, without expressing an opinion on merits, ordered release on bail.

What did the court decide?

Release of the applicant on his executing a personal bond and two local sureties on specific conditions including attending trial and not tampering with witnesses.

Mohit Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20083 of 2020

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Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next submitted that there is various contradictions in the version of F.I.R. as well as statement of the victim recorded under section 164 Cr.P.C. It is next submitted that the victim herself left her parents house and after one day herself came back to her parents home and is residing with them. 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 22.2.2020, 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 bail prayer of the applicant.

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Considering the 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 large 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- Mohit, involved in Case Crime No. 08 of 2020, under sections- 363, 366, IPC Police Station - Nidhauli Kalan, District- Etah, be released on bail, on his executing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned with the 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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The identity, status and residential proof of sureties will be verified by

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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 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 :- 7.9.2020 ssm

Mohit v. State of U.P.

Case brief

What is this about?

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Mohit v. State of U.P.

Case brief

What is this about?

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