Allowed

Desh Mohit Singh @ Mohit Singh v. State of U.P.

Allahabad HC17 Nov 2023BAIL/45704/2023

Case brief

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What is this about?

High Court allowed bail to Desh Mohit Singh in a case alleging abetting of suicide and criminal intimidation. Relying on the Apex Court's recent order on jail overcrowding and considering the one-sided investigation, the court held the applicant had made a case for bail without expressing an opinion on merits.

What did the court decide?

Released on bail on personal bond and two sureties in like amount, subject to conditions regarding tampering with witnesses, cooperating with trial, and appearing on fixed dates.

Desh Mohit Singh @ Mohit Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:218841

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45704 of 2023

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Applicant :- Desh Mohit Singh @ Mohit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Tanmay Gupta,Anand Mohan Pandey Counsel for Opposite Party :- G.A.,Anil Kumar

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Hon'ble Siddharth,J.

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Heard Shri Anand Mohan Pandey and Shri Tanmay Gupta, learned counsel for the applicant, Shri Anil Kumar, learned counsel for the informant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Desh Mohit Singh @ Mohit Singh, with a prayer to release him on bail in Case Crime No. 51 of 2023, under Sections 306,506 IPC Police Station Sisolar, District- Hamirpur, during pendency of trial.

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There is allegation against the applicant of abetting the deceased to commit suicide and also her criminal intimidation.Learned counsel for the applicant has pointed out to the Whatsapp chatting of the applicant and deceased collected by the investigating ofÏcer which shows that she was closely connected with applicant and both were in love affair. It is a case of false implication.The ingredients for constituting offences under section 306/107 I.P.C. are not made out. The applicant is in jail since 23.8.2023 and has no criminal history.

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Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused

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side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 application is allowed

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Let the applicant 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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That the applicant shall not, directly or indirectly, make any 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 to any police ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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The applicant shall remain present, in person,

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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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 :- 17.11.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Desh Mohit Singh @ Mohit Singh v. State of U.P.

Case brief

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Desh Mohit Singh @ Mohit Singh v. State of U.P.

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