Allowed

Mohit v. State of Up Others

Allahabad HC22 Jul 2024CRLA/257/2024

Case brief

AI extract

What is this about?

In an appeal against conviction under IPC and POCSO sections, the Allahabad High Court enlarged the appellant on bail during the pendency of the appeal. The court noted the unexplained delay in FIR lodging and lack of corroborating injuries, ruling against the State's submission that the appeal would be heard remotely. A separate appeal involving the victim was listed to be connected.

What did the court decide?

Appellant enlarged on bail in Session Trial No. 98 of 2015 on furnishing personal bond and two sureties

Mohit vs State of Up Others — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116551

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 257 of 2024

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Appellant :- Mohit Respondent :- State Of Up Others Counsel for Appellant :- Ashish Gupta Counsel for Respondent :- G.A.,Harendra Yadav,Prabhat Singh

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Hon'ble Saurabh Srivastava,J.

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Order on Criminal Misc. (Suspension of Sentence) Bail Application

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Heard learned counsel for appellant, learned counsel for opposite party No.2 as well as learned A.G.A. for the State.

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It has been submitted by learned counsel for the appellant/applicant that the appellant/applicant is innocent and has been falsely implicated in the instant case. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant/applicant. The prosecution has not been able to prove its case beyond reasonable doubt. It is next submitted that the incident took place on 28.07.2015 and the F.I.R. was lodged on 08.08.2015 without explaining the delay. No external or internal injuries were found on the body of the victim and the appellant was extended the liberty of bail by the trial court during trial. IT is also submitted that the medical report of the victim does not corroborate the prosecution story and there is no injury on the private part of the victim as well as she has not sustained any external injury on her body. Appellant was on bail during trial and there is no misuse of liberty of bail granted during trial. Appellant/applicant is languishing in jail since 13.12.2023 having no criminal

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antecedents to his credit and he undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future is extremely remote, hence the applicant/appellant is entitled to be released on bail during the pendency of appeal.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Keeping in view the aforesaid facts and circumstances of the case such as delay in lodging the F.I.R. is not properly explained, no external or internal injuries were found on the body of the victim, appellant does not have any criminal antecedents to his credit apart from the present case, no misuse of liberty of bail granted to the appellant during trial and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that appellant/applicant is entitled to be enlarged on bail during pendency of appeal.

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Let the appellant/applicant - Mohit be enlarged on bail in Session Trial No. 98 of 2015 arising out of Case Crime No. 203 of 2015 under Sections 354, 376, 323, 506 I.P.C. and Section 3/4 and 7/8 of Protection of Children from Sexual Offences Act, Police Station-Phoolpur, District-Azamgarh on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this appeal.

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Order on Memo of Appeal

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Connect along with Criminal Appeal U/s 372 Cr.P.C. No. 74 of 2024 (Victim Vs. State of U.P. And Another) and list in due course.

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Order Date :- 22.7.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Mohit v. State of Up Others

Case brief

What is this about?

What did the court decide?

Mohit v. State of Up Others

Case brief

What is this about?

What did the court decide?

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