Allowed

Mohit v. State of U.P.

Allahabad HC4 Nov 2020BAIL/6832/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed bail for Mohit, an accused in a robbery case under IPC Sections 392 and 411. The court issued bail despite the nature of the offence and the applicant's criminal record, citing jail overcrowding due to the novel coronavirus pandemic and a Supreme Court dictum, without expressing an opinion on the merits.

What did the court decide?

Released on bail by executing a personal bond. For normal court functioning, two sureties are required within one month of restoration.

Mohit Vs State of U.P. — Corruption | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6832 of 2020

¶3

Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Chandel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Prabhakar Chandel, counsel for the applicant and learned A.G.A for the State.

¶6

There is allegation of robbery against three unknown accused persons regarding robbery of one motorcycle, Rs. 60,000/- cash, gold finger ring, purse and bag including adhaar card, pan card, ATM card, etc., belonging to the company. After five months the applicant was arrested and one motorcycle, Rs. 2,250/- cash, one country made pistol and one live cartridges was made from the applicant.

¶7

Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. There is no public witness of the recovery. Motorcycle recovered is not the same as allegedly robbed in the FIR. Money recovered belongs to the applicant. The applicant is in jail since 01.08.2019 and has criminal history of 14 cases. Most of the cases are of petty nature. After one implication he was involved by the police in number of cases which were not worked out and were of similar nature therefore his criminal history has become long.

¶8

Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

¶9

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicant- Mohit , in Case Crime No. 184 of 2019, under Sections- 392, 411 IPC, Police Station- Tronica City, DistrictGhaziabad, be released on bail on his furnishing a personal

¶11

bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

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.

¶16

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶18

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.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

Order Date :- 4.11.2020 Rohit

Mohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pankaj Vs State of U.P.

Sanjay Aheria Vs State of U.P.

Shahid Vs State of U.P.

Janit Kumar Vs State of U.P.

Sachin Vs State of U.P.

Raju Tiwari Vs State of U.P.