Allahabad High Court
Mohit Kumar vs State Of U.P. on 11 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:196194
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40245 of 2023
Applicant :- Mohit Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Salman Ahmad,Basharat Ali Khan
Counsel for Opposite Party :- G.A.,Ashok Kumar Singh,Pratibha Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Ashok Kumar Singh, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Mohit Kumar, with a prayer to release him on bail in Case Crime No. 23 of 2023 (S.T. No. 141 of 2023), under Sections 302,364,147,120-B,34 IPC Police Station Dakor, District- Jalaun, during pendency of trial.
There is allegation against the named accused regarding commission of offence of kidnapping of father of the informant.Subsequently his dead body was recovered. Implication under section 302,147,120-B,34 I.P.C. was further made.Learned counsel for the applicant has submitted that dead body of the deceased and knife were recovered from the pointing out of the applicant.The name of the applicant surfaced in the statement of one Indrajeet Singh after two days of lodging of the First Informant Report,thereafter applicant was arrested on 6.3.2023.The inquest of the dead body was conducted on 6.3.2023..The postmortem of the dead body was conducted on 6.3.2023 at about 12.50 P.M.However on the head of postmortem report the date was mentioned as 7.3.2023.Learned counsel for the applicant has further submitted that applicant was arrested on 6.3.2023 and postmortem was conducted on 6.3.2023 itself prior to his arrest.There is no evidence against the applicant except the confessional statement of the applicant.Co-accused Shatrughan @ Ramsahodar has been granted bail by this court vide order dated 3.8.2023.in Criminal Misc. Bail Application No. 31733 of 2023. The applicant is in jail since 7.3.2023. He has criminal history of three cases, which has been explained in paragraph-3 of the supplementary affidavit.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.10.2023
Atul kr. sri.
