Allowed

Mohit Goyal @ Rohit Goyal v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC15 Feb 2024/1648/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad, Lucknow Bench allowed bail for the accused in a charge under IPC 305 and POCSO. Court considered lack of injuries and medical evidence supporting suicide, noting co-accused had been granted bail. Bail granted with two sureties.

What did the court decide?

Accused released on bail with personal bond and two sureties subject to conditions of not tampering with evidence and cooperating in trial.

Mohit Goyal @ Rohit Goyal Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:13490

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1648 of 2024

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Applicant :- Mohit Goyal @ Rohit Goyal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Alok Kumar Singh,Sanjay Singh Chauhan

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit, filed today, is taken on record.

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Learned AGA informs that he has procured complete instructions in the matter including up-to-date case diary of the case and the charge sheet in this case has already been submitted.

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Heard learned counsel for the accused-applicant as well as learned AGA for the State and perused the record.

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This bail application has been moved by the accused/applicant- Mohit Goyal alias Rohit Goyal for grant of bail in Case Crime No.0299 of 2023, under Sections 305 and 374 IPC read with Section 3/14 POCSO Act, Police StationPalia, District- Lakhimpur Kheri, during trial.

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Learned counsel for the applicant while pressing this bail application submits that it is a case of false implication. The applicant was not named in the F.I.R. wherein allegations have been levelled against the named accused persons to the tune that one of the co-accused has committed rape with the victim/ deceased and to screen the offence, the victim has been assaulted and her body has been found hanged on the third floor of the house, where she was working.

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Highlighting above, it is vehemently submitted that the applicant has not assaulted the deceased and allegations in this regard are false, concocted and could not be believed and, they are not corroborated by the medical evidence as in reports of postmortem examination, which have been conducted twice, only a ligature mark has been found around neck of the deceased and, apart from that, no injury of any kind has been noticed on her person and it is evident that the deceased has committed suicide for the reasons best known to her. It is

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further submitted that during the course of trial, four prosecution witnesses have been testified i.e. PW-1 (Rakesh), PW-2 (Suman Devi), PW-3 (Deepak Kumar) and PW-4 (Kanhaiya), who are informant, sisters and brother of the deceased, and all these four prosecution witnesses in their cross-examination have stated that they did not give any statement as recorded by the investigating officer under section 161 CrPC and, thus, when the material witnesses of the alleged crime have not supported the version of the prosecution, conviction of the applicant would not be possible in this case.

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It is also submitted that identically placed co-accusedDeepak has been granted bail by this Court vide order passed in Criminal Misc. Bail Application No.1003 of 2024. The applicant is in jail in this case since 20.08.2023 and is not having any criminal antecedent. Charge sheet in this case has already been submitted and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned AGA, on the other hand, opposes the prayer of bail of the applicant on the ground that the applicant is an accused of committing heinous offence.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the allegations of commission of sexual assault has been levelled against one of the co-accused person and with regard to remaining accused persons allegations of assault and causing death of the deceased have been levelled. Charge-sheet in this case has been filed under Section 305 IPC, thus, it appears that the deceased has committed suicide. So far as the allegation of physical assault is concerned, the postmortem examination of the deceased has been conducted twice and in both the postmortem reports only a ligature mark has been noticed around the neck of the deceased and no injury of any kind has been noticed on person of the deceased anywhere. The applicant is in jail in this case since 20.08.2023 without having any criminal antecedent. Charge sheet in this case has already been submitted. Identically placed co-accused- Deepak has been granted bail by this Court. The presence of the applicant could be secured before the Trial Court by placing adequate conditions.Co-accused- Deepak has been granted bail by this Court.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered

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view that applicant has made out a case for bail. The bail application is thus allowed.

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Let the accused/applicant- Mohit Goyal alias Rohit Goyal involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 15.2.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Mohit Goyal @ Rohit Goyal v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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What did the court decide?

Mohit Goyal @ Rohit Goyal v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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What did the court decide?

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