Allowed

Mohit Kumar v. State of U.P.

Allahabad HC3 Jan 2022BAIL/48177/2021

Case brief

AI extract

What is this about?

This interlocutory order deals with a bail application filed in a criminal case under the Excise Act and IPC. The Court allowed the bail application, noting the applicant's false implication and lack of independent witnesses or FSL report, while framing standard conditions for bail.

What did the court decide?

Application allowed; applicant to be released on personal bond and two sureties subject to specific conditions.

Mohit Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48177 of 2021

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Applicant :- Mohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- R.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Sri R.B. Singh, learned counsel for the applicant through Video Conferencing.

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The present bail application has been filed by the applicant in Case Crime No. 375 of 2021, under Section- 60 of Excise Act and Section- 272, 273 IPC, Police Station- Jhinjhana, DistrictShamli. with the prayer to enlarge him on bail.

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Learned counsel for the applicant while pressing the bail application submitted that the applicant has falsely been implicated in the present case. The alleged offence against the applicant are triable by magistrate. The applicant is in jail since 26.08.2021. There is no independent witness of the incident in relation to which the FIR has been lodged against the applicant. It is further submitted that there is no FSL report on the basis of which the offence under Section 272 IPC can be made out against the applicant. As such, the applicant is entitled to be released on bail.

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Learned AGA could not dispute the aforesaid aspects of the case particularly the submissions made by the learned counsel for the applicant regarding FSL report, however, he submitted that the applicant has criminal history of one case i.e. Case Crime No. 343 of 2018, under Sections- 323, 354, 452, 504, 506 IPC, Police Station- Jhinjhana, District- Shamli.

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In regard to aforesaid, learned counsel for the applicant submitted that the applicant has been released on bail in Case Crime No. 343 of 2018 and just to harass the applicant, he has been implicated in the present case.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant, Mohit Kumar , involved in aforesaid Case Crime Number 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 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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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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 :- 3.1.2022 Arun/-

Mohit Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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