Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56806 of 2019 Applicant :- Mohit @ Moda Opposite Party :- State of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Ram Raj Pandey, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged with delay of 10 days. There is no satisfactory explanation of delay in lodging the F.I.R. The F.I.R. has been lodged against 3 persons including the applicant making general allegation that the applicant and other co-accused harassed and tortured the deceased saying that they have his video and also threatened the deceased to upload it on internet, therefore, deceased has committed suicide on 19.5.2018. It has also been alleged that the suicide note was also recovered from the pocket of deceased. The suicide note is only of two lines, in which it has been mentioned that " Sanju, Mohda, Anil, Randhir Ko fasana ya marne ki plan tino ki hai ". From writing of the alleged suicide note it is not clear that the applicant and other co accused have harassed and tortured the deceased and they threatened to him. In post mortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. It appears that the deceased has committed suicide due to some other reason. There is no cogent evidence with regard to abetment against the applicant. It has further been submitted that co-accused Sanju having identical role has already been released on bail by this Court vide order dated 13.12.2019 in Criminal Misc. Bail Application No. 49462 of 2019, therefore, the applicant is also entitled for bail on the ground of parity.No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 4.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the F.I.R. In suicide note the deceased has disclosed the name of the applicant. The applicant and other co -accused have harassed and tortured the deceased. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Mohit @ Moda involved in Case Crime No. 632 of 2018, under Section 306 IPC Police Station Baraut District Baghpat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 19.12.2019 A.