MOHAN LAL ALIAS MOHAN LAL GUJRATI v. STATE OF U.P.
BAIL/6754/2025 · 2025-05-05
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21708 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21708 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72522 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6754 of 2025 Applicant :- Mohan Lal Alias Mohan Lal Gujrati Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Rani,Laloo Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1.Heard Sri Alind Kumar, learned Advocate holding brief of Sri Laloo Yadav, learned counsel for the applicant and Sri Ajeet Madhesia, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Sections 318(4), 316(2), 317(2), 338, 336(3), 340(2), 111(1) BNS, Police Station- Najibabad, District- Bijnor during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Jamuna Devi and after considering entire facts of the case in detail, co-accused Jamuna Devi has been released on bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 961 of 2025 . He further submitted that however, co-accused Jamuna Devi was female but on facts, case of applicant is at par with her. 4. He further submitted that however, applicant has also been challaned for the offence under Section 111 BNS i.e. for organized crime but there is no evidence against him in this regard. He further submits, even co-accused Jamuna Devi was also challaned for offence of organized crime. 5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case has been explained in the instant bail application and he is in jail in the present matter since 14.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA however, opposed the prayer for bail
but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8.
Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Jamuna Devi has already been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and he is in jail in the present matter since14.10.2024 i.e. for last more than six months, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Mohan Lal Alias Mohan Lal Gujrati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad