Allowed

Mohit Kumar v. State of U.P.

Allahabad HC15 Dec 2020BAIL/31883/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 147, 148, 149, 323, 307, 452, 504, 506 IPC, the High Court of Judicature at Allahabad allowed the bail of Mohit Kumar, holding that he made out a fit case for bail citing parity with co-accused and referring to Dataram Singh.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties with specific conditions regarding attendance and departmental procedures.

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

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Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31883 of 2020 Applicant :- Mohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A.,Akhilesh Kumar,Akhilesh Kumar Rajbhar

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Hon'ble Rohit Ranjan Agarwal,J.

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In the revised call Sri Shailesh Kumar Shukla, learned counsel for the applicant and learned A.G.A are present but learned counsel for informant is not present.

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By means of this application, the applicant- Mohit Kumar, who is involved in Case Crime No. 420 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, 506 IPC, Police StationDeoband, District- Saharanpur is seeking enlargement on bail during the trial.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case while the other five co-accused, Preetam, Gulab, Ronish, Rohtas and Fony have already been granted bail by this Court in Criminal Misc. Bail Application No. 35868 of 2020 on 03.12.2020, Criminal Misc. Bail Application No. 35949 of 2020 on 03.12.2020, Criminal Misc. Bail Application No. 35911 of 2020 on 03.12.2020, Criminal Misc. Bail Application No. 35894 of 2020 on 03.12.2020 and Criminal Misc. Bail Application No. 36313 of 2020 on 10.12.2020, respectively. Applicant is claiming parity as the role of the all the accused is same. Applicant is languishing in jail since 23.07.2020 and undertakes that he will not misuse the liberty, if granted bail.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the said facts.

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Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant- Mohit Kumar be released on bail in Case Crime No. 420 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, 506 IPC, Police Station- Deoband, DistrictSaharanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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

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(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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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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Order Date :- 15.12.2020/ V.S.Singh

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Digitally signed by Justice Rohit Ranjan Agarwal Date: 2020.12.15 16:57:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mohit Kumar v. State of U.P.

Case brief

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Mohit Kumar v. State of U.P.

Case brief

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