Allowed

Shakti Mohan v. State of U.P. and Another

Allahabad HC6 Feb 2023CRLA/6462/2022

Case brief

AI extract

What is this about?

In this bail appeal, the High Court set aside the Special Judge's order rejecting the appellant's bail application and granted bail subject to specific conditions, without expressing an opinion on the merits of the case.

What did the court decide?

The impugned order rejecting bail was set aside and the appellant was released on bail with a personal bond and two sureties under specific conditions.

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

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 6462 of 2022

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Appellant :- Shakti Mohan Respondent :- State of U.P. and Another Counsel for Appellant :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Shri Akhilesh Singh, learned counsel for the appellant, Sri Sunil Kumar Tripathi, learned A.G.A. appearing on behalf of the State and perused the material available on record.

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This Criminal Appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 31.08.2022 passed by the Special Judge, (SC/ST) Act, Muzaffarnagar, whereby the learned Judge has rejected the Bail Application No. 3702 of 2022 (Shakti Mohan Vs. State of U.P.) of the appellant moved by him in Case Crime No. 187 of 2022, under Sections 323, 504, 506 I.P.C. & Section 3(1)(DA) & 3(1)(Dha) of SC/ST Act and Section 67 of I.T.Act, Police Station- Chhapar, DistrictMuzaffar Nagar.

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As per the prosecution case, one video had gone viral showing the appellant, Shakti Mohan, who is village Pradhan, extending threat to kill the informant's brother and another co-accused, Gaje Singh slapping his brother. They also used derogatory words relating to his caste.

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It has been submitted on behalf of the appellant that the appellant is innocent and has been falsely implicated in the present case due to village politics. It is further submitted that the FIR has been lodged after 20 days from the date of alleged occurrence. It has also been submitted that appellant has explained the criminal history of one case registered against him in Annexure No. S.A.1 of the supplementary affidavit. It is further submitted that appellant, Shakti Mohan, is in jail since 19.08.2022 and, in case he is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. for the State has opposed the prayer for bail of the appellant. However, he could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.

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Considering the submissions advanced by the learned counsel for the appellant, learned A.G.A. for the State, facts and circumstances of the case and the period of incarceration undergone by the appellant but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant, Shakti Mohan has made out a case for bail.

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Accordingly, the appeal is hereby allowed . The impugned order dated 31.08.2022 rejecting the bail application of the appellant, Shakti Mohan is hereby set aside.

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Let the appellant, Shakti Mohan , be released on bail in the aforesaid case crime number 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) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless his presence is exempted by the court.

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(ii) That the appellant 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 officer or tamper with the evidence.

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(iii) That after his release, the appellant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.

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It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant.

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It is also made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusion on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 6.2.2023 SFH

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Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad

Shakti Mohan v. State of U.P. and Another

Case brief

What is this about?

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Shakti Mohan v. State of U.P. and Another

Case brief

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What did the court decide?

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