Allowed

Mohan Prakash v. State of U.P.

Allahabad HC13 Sept 2023BAIL/19230/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to Mohan Prakash in a criminal case. The court relied on the lack of independent witnesses, absence of incriminating articles, the applicant's clean record, and the prolonged custody duration without trial conclusion. No reasonable apprehension of flight or witness tampering was found.

What did the court decide?

The applicant was released on bail on his personal bond and two sureties, subject to conditions of appearing on dates fixed, not tampering with evidence, and not pressurizing witnesses.

Mohan Prakash Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177679

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19230 of 2023

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Applicant :- Mohan Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi,Sanjay Singh,Shashi Bhushan Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard Sri Sanjay Singh, learned counsel for the applicant, and Sri N.K. Sharma, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 86 of 2023, under Sections 392, 411 I.P.C., Police Station Fatehabad, District Agra during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred at a public place but there is no independent witness to the alleged incident. Placing reliance upon the recovery memo it is contended that the applicant was forcibly taken by the informant to the police station along with father of the informant and his sister. However, the first information report states that at the time of the incident the applicant was riding a motorcycle and his sister was pillion rider. It is submitted that the presence of the father of the informant in the recovery memo creates a doubt about the prosecution case. Further, no incriminating article has been recovered from the possession of the applicant. There is no independent witness to the alleged recovery. The applicant is a young student and his career would be jeopardized as a result of the instant false case. The applicant is in jail since 23.03.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the incident is

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alleged to have occurred at a public place but there is no independent witness either to the alleged incident or to the alleged recovery and the applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost four and half months and after submission of the charge-sheet there is no hope of early conclusion of trial and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Mohan Prakash, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 13.9.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Mohan Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohan Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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