Allowed

Mahesh v. State of U.P.

Allahabad HC18 Jun 2018BAIL/21244/2018

Case brief

AI extract

What is this about?

This criminal bail application was filed by Mahesh challenging his custody in a Wildlife Protection Act case. The court rejected innocence submissions as irrelevant at the bail stage but granted bail upon furnishing a personal bond and two sureties subject to specific conditions.

What did the court decide?

The applicant Mahesh was released on bail upon furnishing a personal bond and two sureties in like amount with conditions.

Mahesh Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 33

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21244 of 2018

¶3

Applicant :- Mahesh Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

¶6

The instant bail application has been filed on behalf of the applicant, Mahesh with a prayer to release him on bail in Case Crime No. 01 of 2018, under Sections 9, 38, 39, 50 and 51 of Wildlife Protection Act , Police Station Kotwali City, DistrictBijnor during pendency of trial.

¶7

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. There is no independent witness of the incident.. The applicant is languishing in jail since 22.04.2018. He does not have any criminal history to his credit except the present false and fabricated case. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶8

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶9

Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant Mahesh involved in the aforesaid crime 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 that :-

¶10

The applicant shall not tamper with the

¶11

prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶15

Order Date :- 18.6.2018 Atul kr. sri.

Mahesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kailash Patel Vs State of U.P. and Another

Yogendra Pd. Vs Ganga Pd.

Smt. Bismillah Bibi and Others Vs Abdul Moid

Smt. Hemi Vs State of U.P.

Ravindra Vs State of U.P.

Shravan Kumar Pal Vs State of U.P.