Allowed

Mohit Agarwal v. State of U.P.

Allahabad HC17 Nov 2022BAIL/24245/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an applicant accused of attempting to cause grievous hurt, granting release on furnishing a bond and sureties. The court relied on the implication that injuries were not serious due to the informant’s brief hospital stay and noted the applicant had no criminal history.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each to the satisfaction of the court below.

Mohit Agarwal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24245 of 2022

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Applicant :- Mohit Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal, Abhishek Mayank Counsel for Opposite Party :- G.A.,A.K.Umrao

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Hiralal, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate, Sri A.K.Umrao, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 95 of 2022, under Section 307 IPC, Police Station Khair, District Aligarh during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2022 at 08:33 hours alleging that on 19.02.2022 at about 10:10 p.m. the applicant reached the informant's house alongwith two other persons, he called the informant out of the house and fired a shot which entered through the waist of the informant from the back side and passed through his chest.

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It has further been stated in the F.I.R. that the informant was taken to CHC Khair from where he was referred to Varun Trauma and Burn Center, Aligarh. No document is available on record regarding referral to CHC Khair. There is no mention of a bullet having been entered from the waist and exited from his chest in the medical papers. The CT scan report dated 20.02.2022 mentions gun pellets in a scan of thorax.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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On the basis of instructions, the learned A.G.A. has stated that after his arrest due to the aforesaid incident, the applicant has been implicated in another case bearing Case Crime No. 96 of 2022 under the Arms Act.

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The learned counsel for the informant has opposed the prayer for grant of bail but he could not dispute the fact that the

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informant was admitted to a private facility at 11:30 p.m. on 19.02.2022 and he was discharged on 20.02.2022 at 6:00 a.m.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that as per the medical documents available on record, the informant had to remain in hospital merely for a period of about 6 ½ hours and thereafter he himself has gone to lodge the F.I.R. it appears that the injuries were not very serious in nature. Keeping in view the aforesaid fact coupled with the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Mohit Agarwal be released on bail in Case Crime No. 95 of 2022, under Section 307 IPC, Police Station Khair, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 17.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.18 17:31:12 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Agarwal v. State of U.P.

Case brief

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Mohit Agarwal v. State of U.P.

Case brief

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