Allowed

Mohsin v. State of Uttarakhand

Uttarakhand HC5 Aug 2021BA1/562/2021

Case brief

AI extract

What is this about?

In this bail application, the Court allowed release of the accused Mohsin on personal bond and two sureties. The Court observed lack of prima facie evidence for murder and noted the vehicle involved was disposed of by the accused, strengthening his case.

What did the court decide?

Allowed bail on executing a personal bond and furnishing two reliable sureties to the satisfaction of the Court.

Mohsin Vs State of Uttarakhand — Murder and Culpable Homicide | Uttarakhand HC (2021)

¶1

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS BA1 No.562 of 2021 Hon’ble R.C. Khulbe, J. Mr. Raj Kr. Singh with Mr. Nalin Saun, learned counsel for the applicant. Mr. Deepak Bisht, learned B.H. for the State. Accused–Mohsin has sought his release on bail in connection with Case Crime/FIR No.127 of 2020 u/s 302/404/120-B IPC registered at P.S. Patel Nagar, District Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 18.01.2021; an FIR bearing No.0346 of 2020 was lodged at P.S. Gagalheri, District Saharanpur (U.P.) u/s 420/411/467/468/471 IPC in which the accused has been enlarged on bail by the Allahabad High Court; there is no evidence of murder against the accused; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. In this matter, the vehicle bearing UK07-TB- 6542 was recovered from the possession of the accused which was said to be involved in the crime, however, as per the statement of co-accused Monu Tyagi, the said vehicle was sold out in favour of present applicant Mohsin. A missing report in this matter was lodged on 01.04.2020; during the course of investigation, accused Monu Tyagi and Mohsin (present applicant) were arrested; at the time of arrest, the above vehicle was being driven by the present accused; the investigating agency recorded the statement of co-accused Monu Tyagi who clearly stated that he committed the crime along with co- accused Anil @ Bhura and Arvind; he did not take the name of present applicant; moreover Monu Tyagi also clearly stated that he had sold out the vehicle in question to the present applicant.

¶2

The investigating agency also recorded the
statement of accused u/s 161 Cr.P.C. in which he clearly stated that the vehicle in question was purchased by him after making payment of Rs.4.00 lakh to Monu Tyagi; the receipt regarding purchase of vehicle is on record; there is no_prima facie_ evidence on record regarding the commission of murder of Raj Kumar against the applicant; thus, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 05.08.2021 Rdang

The investigating agency also recorded the

statement of accused u/s 161 Cr.P.C. in which he
clearly stated that the vehicle in question was
purchased by him after making payment of Rs.4.00
lakh to Monu Tyagi; the receipt regarding purchase
of vehicle is on record; there is no_prima facie_
evidence on record regarding the commission of
murder of Raj Kumar against the applicant; thus,
without making any comment on the merits, it is a
fit case for bail at this stage.
The bail application is thus, allowed and the
applicant is directed to be released on bail on his
executing a personal bond and furnishing two
reliable sureties, each of the like amount, to the
satisfaction of the Court concerned.
Pending application, if any, stands disposed
of.
(R.C. Khulbe, J.)
05.08.2021
Rdang

Mohsin v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Mohsin v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Viabhav Nehra Vs State of Uttarakhand

Mohit Vs State of Uttarakhand

Mohd Vakil Vs State of Uttarakhand

Mamraj Vs State of Uttarakhand

Manish Gupta Vs State of Uttarakhand

Gaffar Vs State of Uttarakhand