Allowed

Mohal v. State of U.P.

Allahabad HC5 Oct 2023BAIL/30026/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 30026 of 2023, this Court allowed the bail of the applicant Mohal in a case involving assault and criminal intimidation, noting his co-accused had already been released on bail and his case was at par.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in like amounts.

What the court decided

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

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Neutral Citation No. - 2023:AHC:193599

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30026 of 2023

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Applicant :- Mohal Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Vide order dated 3rd October, 2023 of Hon'ble the Chief Justice, the instant bail application was nominated before this Court and, therefore, it is listed before this Bench.

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Heard Sri Ratan Kumar Mishra, learned counsel for the applicant and Sri Santosh Nigam learned A.G.A. for the State.

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The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 14 of 2023, under Sections 323, 504, 506, 324, 308 IPC, Police Station Ahraura, District Mirzapur, during pendency of the trial.

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F.I.R. of the present case was lodged against the applicant and co-accused Golu under Sections 323, 504, 506 and 324 IPC and according to the F.I.R. applicant and co-accused Golu made assault through knife and tangi upon the husband and mother-in-law of the informant.

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It is further submitted in the F.I.R. that when the daughter of the informant tried to save them then she also sustained injury.

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Learned counsel for the applicant submits, F.I.R. of the present case was lodged under sections 323, 504, 506, 324 IPC but subsequently the section 308 IPC was added.

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He further submits only general role has been assigned to the applicant and co-accused Golu and co-accused Golu has already been enlarged on bail by this Court vide order dated 15.5.2023 passed in Crl. Misc. Bail Application No. 2037 of 2023.

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He next submits the case of the applicant is at par with the case

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of co-accused Golu.

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 15.10.2023.

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Per contra, learned A.G.A. although opposed the prayer for bail but cold not dispute the argument on facts advanced by the learned counsel for the applicant and the fact that co-accused Golu has been granted bail and the case of the applicant is at par with the case of co-accused Golu.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that on the basis of general allegations the applicant along with co-accused has been made accused in the present case and co-accused Golu has already been released on bail and in the present matter the applicant is in jail since 15.10.2023, in my view, the applicant is also entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Mohal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to

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the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.10.2023 Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Mohal v. State of U.P.

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Mohal v. State of U.P.

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