Allowed

Naveen @ Ram Mohan v. State of U.P.

Allahabad HC18 Sept 2020BAIL/27243/2020

Case brief

AI extract

What is this about?

Application for bail in a criminal trial involving Section 147, 148, 326, 506 IPC. The court granted bail subject to a personal bond and two sureties, noting the applicant's student status and lack of antecedents without expressing a final view on the merits.

What did the court decide?

Release on bail executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Naveen @ Ram Mohan 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. - 27243 of 2020

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Applicant :- Naveen @ Ram Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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The submission of learned counsel for the applicant is that the applicant is a student and he has been falsely implicated in the present due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that all injuries are simple in nature and nothing was recovered from the applicant's possession. 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 have 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. The applicant is languishing in jail since 15.7.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Naveen alias Ram Mohan involved in Case Crime No. 259 of 2020, under Sections 147, 148, 326, 506 IPC, Police Station Gajner, District Kanpur Dehat be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with

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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 the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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 is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.

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Order Date :- 18.9.2020 Digamber

Naveen @ Ram Mohan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naveen @ Ram Mohan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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