Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11369 of 2021 Applicant :- Mohit Opposite Party :- State of U.P.
Counsel for Applicant :- Dhananjay Pratap Singh Counsel for Opposite Party :- G.A.,Ranvijay Chaubey Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Mohit with a prayer to release him on bail in Case Crime No. 372 of 2020, under Sections 147, 149 and 302 IPC, police station Sikandra Rao, district Hathras during the pendency of trial.
As per prosecution case, in brief, the informant lodged the first information report on 21.8.2020 in respect of the incident, which took place on 16.8.2020 against Mohit (applicant), Prem Pratap, Devendra, Sachin, Ved Prakash and one unknown person on the basis of suspicion.
It is argued by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is also argued that identically placed co-accused, namely, Ved Prakash, Sachin, Devendra and Prem Pratap have already been enlarged on bail by the Coordinate Bench of this Court vide orders dated 8.1.2021, 25.6.2021, 22.7.2021 and 27.7.2021 passed in Criminal Misc. Bail Applications No. 871 of 2021, 7539 of 2021, 7844 of 2021 and 4811 of 2021. The applicant has no criminal history to his credit and is languishing in jail since 30.10.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but conceded on the point that aforesaid co-accused have already been enlarged on bail by this Court.
I have considered the submissions of the parties and the fact that co-accused of this case have already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Mohit be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 Sumaira