Mohit Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Mohit Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Mohit to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (2) to cooperate in the trial sincerely without seeking any adjournment; (3) not to indulge in any criminal activity or commission of any crime after release; breach of any condition to be a ground for cancellation of bail; sureties to be verified before issuing the release order.

Issue for consideration

Whether applicant Mohit, involved in Case Crime No. 161 of 2022 under Sections 307 I.P.C., P.S. Madiyahun, District Jaunpur, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, and in view of the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the Court held that the applicant had made out a case for bail and allowed the bail application.

Detailed headnote1 paragraphs

Bail granted - Sections 307 I.P.C. - Case Crime No. 161 of 2022, P.S. Madiyahun, District Jaunpur - Applicant's alleged role confined to recovery of a knife from his possession; per statement of the injured, the knife injury was caused by co-accused Sunil Gautam and Sailesh Gautam; F.I.R. lodged two days after the incident with no explanation of delay; co-accused Mani @ Sharad already released on bail vide order dated 06.09.2022 in Crl. Misc. Bail Application No. 30182 of 2022 by a co-ordinate Bench; applicant in jail since 29.05.2022 with no criminal antecedents - Following the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., S.L.P.(Crl.) No. 5191 of 2021, and without expressing any opinion on merits, bail allowed on personal bond and two sureties, subject to conditions against tampering with evidence/intimidating witnesses, obligation to cooperate in trial without adjournments, and abstention from criminal activity; breach actionable for cancellation; sureties to be verified before release order.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34130 of 2022

Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 161 of 2022, registered under Sections 307 I.P.C., Police Station Madiyahun, District Jaunpur during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent as he has neither cause any injury nor have any motive to commit the alleged offence and only on the basis of suspicion, the applicant was implicated in the present case. Allegation against the applicant is that from his possession a knife has been recovered. The F.I.R. has been lodged after two days of the alleged incident and there is no explanation regarding delay. It is further submitted that as per F.I.R. as well as as per statement of the injured, no role of causing injury with knife has been assigned to the applicant. As per statement of injured, injury was caused by knife by co-accused namely, Sunil Gautam and Sailesh Gautam. Co-accused namely, Mani @ Sharad, has already been granted bail vide order dated 06.09.2022 in Crl. Misc. Bail Application No. 30182 of 2022 by the co-ordinate Bench of this Court. The applicant is languishing in jail since 29.05.2022 having no criminal antecedents. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

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.

Let the applicant, Mohit, 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.

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

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

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

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

Order Date :- 19.9.2022 Vibha Singh

Digitally signed by VIBHA SINGH Date: 2022.09.21 11:39:37 IST Reason: Location: High Court of Judicature at Allahabad