Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43327 of 2021 Applicant :- Mohit Lodhi Opposite Party :- State Of U.P..
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, Sri Radhey Shyam Yadav, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohit Lodhi seeking enlargement on bail during trial in connection with Case Crime No. 395 of 2017, under Sections 354-A, 352, 504, 506 I.P.C. and Section 7/8 POCSO Act, registered at P.S.- Jaswantnagar, District- Etawah.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is student of B.A. Class IInd year. He has not committed the alleged offences. There is two days unexplained delay in lodging the FIR. If the prosecution story is presumed to be true although the same is not admitted as it could be said that there were some cordial relation/ friendship between the applicant and the victim. There are no criminal antecedents of the applicant. Further submitted that the applicant is languishing in jail since 07.09.2021.
Per contra, learned counsel for opposite party no. 2 and learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Mohit Lodhi involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.