Mohit v. State of U.P.
Case brief
What is this about?
The Court allowed bail to Mohit in a Section 304 IPC murder case. Despite the severity of the crime involving injuries that caused death, the Court found it a fit case for bail, imposing personal bond and two sureties.
What did the court decide?
Release on bail in Case Crime No.178 of 2021 under Section 304 IPC on furnishing personal bond and two sureties to the satisfaction of the concerned court, subject to conditions for cooperation and no
What the court decided
Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39174 of 2021
Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Ram Mohan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The instant bail application has been filed on behalf of the applicant Mohit with a prayer to release him on bail in Case Crime No.178 of 2021, under Section 304 I.P.C., Police Station Ghiror, District Mainpuri.
It is argued by the learned counsel for the applicant that the deceased was 75 years of age. There is no motive of the incident. According to the postmortem report, the death is caused due to ante mortem injury. The applicant is having no criminal antecedent. It is further submitted that the statement of the complainant- Kuldeep, his wife- Sudha Devi and his mother- Rama Devi are on record. In the F.I.R. and in the statement of informant/ complainant only incident dated 15.05.2021 is mentioned but in the statements of wife- Rama Devi and daughter-in-law Sudha Devi of the deceased, two incidents are shown. One is dated 13.05.2021 and the other is dated 15.05.2021. It is also mentioned in their statement that the applicant in a drunkard state was passing through the road when he was stopped by the deceased being aggrieved he committed marpeet with the deceased, who got injured. On 15.05.2021 also when the deceased was setting on the cot in his house the applicant came and threw the deceased from the cot, the deceased got injured and at the alarm, when they came the applicant ran away. The applicant is in jail since 25.05.2021, hence, the prayer for bail is made.
Issues for consideration
3 issues framed by the court
Whether the accused Mohit is eligible for bail in a Section 304 IPC murder case where the deceased succumbed to injuries.
Whether the facts and circumstances satisfy the requirement for bail despite the severity of the sentence.
What conditions are necessary for granting bail.
Parties & counsel
- applicant
Mohit
- respondent
State of U.P.
Coram
Sadhna Rani
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39174/2021
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