Allowed

Mohit v. State of U.P.

Allahabad HC4 Apr 2023BAIL/14942/2023

Case brief

AI extract

What is this about?

This High Court Criminal Misc. Bail Application allowed the release of the applicant, Mohit, on bail across multiple cases registered under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, subject to stringent conditions aimed at preventing tampering with witnesses and ensuring trial attendance.

What did the court decide?

Released on bail pending trial in the mentioned case(s) under the Gangster Act upon furnishing personal bond and two local sureties with an undertaking.

Mohit Vs State of U.P. — Public Procurement and Tenders | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14942 of 2023

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Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Lok Nath Shukla,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.313 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Surajpur, District Gautam Budh Nagar.

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Learned counsel for the applicant submits that as per gang chart two cases have been shown against the applicant in which he has been granted bail which have been explained in paras 5 to 7 of the affidavit filed in support of bail application. Apart from the cases mentioned in the gang chart, eighteen other cases are registered against the applicant, in which too he has been granted bail which has been explained in paras 8 to 25 of the affidavit filed in support of bail application and para 7 of the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 01.03.2019.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in the case mentioned in the gang chart as well as other cases, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mohit involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the

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following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 4.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Mohit v. State of U.P.

Case brief

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Mohit v. State of U.P.

Case brief

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