High Court granted bail to an applicant charged with affray and attempted murder, citing potential false implication and the larger mandate of Article 21 without expressing an opinion on case merits.
Release of applicant on bail via personal bond and two sureties, with directions to expedite trial within six months.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24160 of 2020
Applicant :- Mohit @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A.,Rajeev Kumar Rai
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vikrant Rana, learned counsel for the applicant and Sri Rajeev Kumar Rai, learned counsel for the complainant and Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
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 the informant in the first information report alleged that the applicant has fired on the injured Kapil and co-accused Ashu has fired on another injured namely Deepak whereas the fact is that the informant himself was not present at the place of incident, which creates doubt in the prosecution story. It is further submitted that co-accused namely Akash @ Sethu, Ashu, Rahul Kumar have already been granted bail by concerned Court below vide orders dated 24.2.2020, 5.3.2020 and 26.2.2020, a copy of said orders has been annexed as annexure-XIV to the affidavit accompanying this bail application. 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 29.1.2020. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
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.
Let applicant- Mohit @ Golu, be released on bail in Case Crime No.92 of 2020, under Sections- 147, 148, 149 and 307 IPC, Police Station- Modi Nagar, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of
magistrate/court concerned, subject to following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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.
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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 24.9.2020 Dev/-
1 issue framed by the court
Whether bail should be granted underSections 147, 148, 149, 307 IPC given the applicant's claim of false implication and lack of criminal history.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mohit @ Golu
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
