Allowed

Mohit v. State of U.P.

Allahabad HC7 Jul 2022BAIL/6762/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Mohit, a rape accused, dismissing the State's submissions that could not effectively dispute the applicant's claims of false implication and victim consent, conditioning release on a personal bond and two sureties with standard undertakings.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in the like amount, subject to conditions against tampering with evidence and influencing witnesses.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6762 of 2022

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

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.567 of 2021 at Police Station Katra District Shahjahanpur under Section 376 IPC. The applicant is in jail since 29.10.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Shahjahanpur on 28.01.2022.

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Shri Jitendra Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim and the applicant were intimate. The victim and the applicant were together at the residence of the victim’s sister at the relevant point in time. The applicant went to the house at the invitation of the victim. He stayed there for a while. However the victim and the applicant were seen together by the niece of the victim who informed other family members about it. The FIR was lodged at the behest of the family of the victim after the relationship was exposed. There are no signs of forced entry into the house. The victim did not resist the applicant nor did she raise an alarm. She was a consenting party. Learned

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counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Nafees Ahmad, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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

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Let the applicant-Mohit be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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

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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 bail cancellation application before this Court.

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Order Date :- 7.7.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.07.12 10:30:27 IST Reason: Location: High Court of Judicature at Allahabad

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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