Allowed

Mohit v. State of U.P.

Allahabad HC22 Jan 2021BAIL/46101/2020

Case brief

AI extract

What is this about?

In a bail application filed by Mohit accused under Section 302 IPC for a murder case alleging false implication, the learned single Judge enlarged the applicant on bail upon execution of a personal bond and two sureties, subject to strict conditions regarding trial cooperation and absence.

What did the court decide?

The applicant was enlarged on bail by executing a personal bond and two sureties each in an amount satisfactory to the concerned court.

Mohit Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46101 of 2020

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Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Firoz Haider

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, Dr. Hridyawati Mishra, learned AGA and Sri Firoz Haider, learned counsel for the informant.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to village party bandi. The incident took place on 2.8.2020 and inquest report was prepared on 3.8.2020 and informant was also one of the inquest witness. In the inquest report, no name has been disclosed and only cause of death is shown strangulation due to hanging. There is no specific allegation against any of the accused. The FIR has been lodged as second thought on 7.8.2020 without giving any explanation for delay. Applicant has no criminal history and he is in jail since 11.8.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. as well as counsel for the informant has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Mohit , involved in Case Crime No. 415 of 2020, under Sections- 302, 201 I.P.C., Police Station- Fatehpur, District Saharanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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

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

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

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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 :- 22.1.2021

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Arvind

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?

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