Mohan v. State of U.P.
Case brief
What is this about?
Held that bail is inappropriate for the applicant due to evident complicity in a heinous offence and unexplained criminal history of 19 cases. Directed the trial court to conclude the trial within six months.
What did the court decide?
Bail application rejected; liberty to revive plea after recording injured's statement; trial to conclude within six months.
What the court decided
Neutral Citation No. - 2024:AHC-LKO:18167
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14064 of 2021
Applicant :- Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Sagar Singh,Dheeraj Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. Case called out. None appears for the applicant.
2. Heard learned Additional Government Advocate for the State on this bail application in case crime No.322 of 2019 under sections 307, 323 I.P.C., P.S. Purwa, district Unnao, and perused the pleadings made in the bail application.
3. It is alleged in the prosecution case that on 4.11.2019, son of the informant Jitendra Singh, and Sushil Singh son of Rajendra had gone to Maurawan Power House at about 5.00p.m. While returning home at about 11.00 p.m. on motorcycle, as soon as they reached near liquor shop, Jagdish and one unknown person with an intent to kill has fired upon them with a country made pistol. The bullet hit on the head of Jitendra Singh. Due to that, Jitendra Singh and Sushil Singh fell on the road. Then Jagdish and his accomplice started beating Jitendra and Sushil with butt. After seeing the people, they ran away.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant who is a habitual offender with a criminal history of 19 cases, in a case involving attempt to murder and assault.
Whether the failure of the applicant to explain their criminal history affects the bail decision.
Whether the trial court should be directed to expedite the trial in light of the bail rejection.
Parties & counsel
- applicant
Mohan
Coram
Karunesh Singh Pawar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- /14064/2021
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