Allowed

Mohit Tyagi v. State of U.P.

Allahabad HC16 Aug 2023BAIL/54929/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application under Section 439 Cr.P.C. for an applicant implicated in a cheating case, granting bail on a personal bond and two heavy sureties subject to standard conditions, noting the co-accused was already on bail.

What did the court decide?

Applicant released on bail on personal bond and two heavy sureties subject to conditions of appearance, no tampering with evidence, no pressuring witnesses, and no leaving India without leave.

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

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Neutral Citation No. - 2023:AHC:164758

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54929 of 2022

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Applicant :- Mohit Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Nishi Mehrotra,Sudhir Mehrotra Counsel for Opposite Party :- G.A.,Ashok Kumar Pandey

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Satish Sharma, Advocate holding brief of Sri Ashok Kumar Pandey, learned counsel for the informant and learned AGA for the Staterespondent as well as perused the record.

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This is second bail application under Section 439 Cr.P.C. with a prayer to enlarge the applicant on bail in Case Crime No. 74 of 2022, under Section 364 IPC, Police Station Modi Nagar, District Ghaziabad, during the pendency of trial. The first bail application of the applicant was dismissed for want of non prosecution on 18.10.2022.

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Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was implicated in the instant case pursuant to an application submitted by the informant before the Investigating Officer. The said application is an after thought and is unreliable. There is no evidence at the moment linking the applicant with the alleged offence. No recovery of any incriminating article has been made from the applicant. The co-accused Nikki Kashyap having identical case, has been granted bail by this Court in Criminal Misc. Bail Application No. 11128 of 2023 vide order dated 23.05.2023. The applicant claims parity. The applicant is in jail since 03.03.2022 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the co-accused has been granted bail by this Court and the applicant has remained confined for almost seventeen months and there is no hope of early conclusion of trial, more so when no

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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, 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 Mohit Tyagi, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the 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;

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(iii) shall not pressurize the prosecution witnesses; and,

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(iv) shall not leave India without the leave of the trial court.

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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 :- 16.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Mohit Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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