Allowed

Mohit Pal v. State of U.P.

Allahabad HC2 Dec 2022BAIL/32076/2022

Case brief

AI extract

What is this about?

This bail application was filed under Indian Penal Code sections for an alleged assault case. The High Court Bench considered the injury reports and co-accused bail grants. The court allowed the bail application, directing release on bond with sureties.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions of not tampering with evidence and cooperating in trial.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32076 of 2022

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Applicant :- Mohit Pal Opposite Party :- State of U.P. Counsel for Applicant :- Istyak Khan,Bhavesh Singh Jadaun,Rajesh Kumar Srivastava,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Girish Singh

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Hon'ble Deepak Verma,J.

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Heard Sri Istyak Khan, learned counsel for the applicant, Sri Girish Singh, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.44 of 2022, registered under Sections 147, 148, 149, 308, 323, 506, 325 I.P.C., Police Station Gwaltoli, District Kanpur Nagar during pendency of the trial.

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Allegation in the FIR is that six named and one unknown person assaulted the informant and his brother, Sonu Yadav, and received serious injuries.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. General role has been assigned to all the accused persons and injured has not received grievous or fatal injuries on the vital parts of his body as is evident from a bare perusal of the injury report. The injury report shows that injured-Dinesh Yadav has received an lacerated wound on the left side of his skull. Further submission is that the doctor has not opined that the injuries received by the injured persons were fatal to life and the alleged offences are punishable up to 7 years imprisonment. Co-accused Shubham, Nikki @ Ayush, Tonu @ Ravi Pratap Singh and Ankit have been granted bail by co-ordinate Bench of this Court and the applicant's case is identical to the co-accused, hence, the applicant is also entitled for bail. The applicant is languishing in jail since 22.03.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as informant's counsel have vehemently opposed the bail prayer of the applicant and argued that applicant's case is different from other co-accused persons. Injury report of Dinesh Yadav-informant, three injuries are

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shown, out of which two injuries are found on head and one is on his face, which are found to be fresh and caused by hard and blunt object. However, in C.T. Scan report depicts fracture zygomatic arch, hence, the applicant is not entitled for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohit Pal, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal 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.

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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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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 :- 2.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.02 16:52:38 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Pal v. State of U.P.

Case brief

What is this about?

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Mohit Pal v. State of U.P.

Case brief

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