Mohan @ Mona vs. State Of U.P.

Court No. - 12

Case :- CRIMINAL APPEAL No. - 789 of 2000

Appellant :- Mohan @ Mona Respondent :- State of U.P. Counsel for Appellant :- Arun Sinha,Ajay Kumar,Jyoti Prasad,Prateek Tewari Counsel for Respondent :- Govt.Advocate,Bhagwandeen Sharma

Hon'ble Karunesh Singh Pawar,J.

(Crl.Misc. Application No.4 of 2022) (S.T.No.1001 of 1997 Case Crime No.197 of 1996 under section 376 I.P.C., P.S. Wazirganj, district Lucknow)

This order disposes of application for bail, moved in the present criminal appeal.

Heard learned counsel for the appellant/applicant, learned A.G.A. and perused the record.

Appellant's counsel submits that the appellant/applicant was enlarged on bail by this court vide order dated 25.8.2000. He has not misused the liberty of bail. However, vide order dated 13.10.2022, non bailable warrant was issued against the appellant due to non-presence of appellant's counsel and consequently, the appellant was arrested on 3.11.2022 and since then, he is in jail.

It is stated in the affidavit that the appellant was not aware about the date fixed, nor the previous counsel informed the appellant and therefore, after obtaining no objection, he has changed his counsel.

The appellant's counsel submits that he will argue the appeal on the next date.

Learned A.G.A. has opposed the bail, but could not dispute the facts/pleadings made by the appellant's counsel.

Considering totality of facts and circumstances of the case, including the fact that the appellant was on bail during pendency of this appeal and he has not misused the liberty of bail as also the averments contained in the affidavit filed in support of the bail application, the application is allowed.

The applicant/appellant is directed to be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

List the appeal on 20.3.2023 for final hearing.

Order Date :- 2.3.2023 kkb/