Allowed

Mohshin v. State of U.P.

Allahabad HC5 Jul 2019BAIL/26686/2019

Case brief

AI extract

What is this about?

The High Court granted bail to Mohshin in a non-bailable case under Sections 394 and 411 IPC. Finding it a fit case for bail considering the nature of allegations and overall circumstances, including parity with a co-accused, the Court ordered release on personal bond and two sureties subject to standard conditions.

What did the court decide?

Order granting bail to applicant on personal bond and two reliable sureties each of like amount.

Mohshin Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26686 of 2019

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Applicant :- Mohshin Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Shahrum Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No.1143 of 2018, under Sections 394, 411 IPC, P.S. Chakeri, District Kanpur Nagar.

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The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the recovery which has been shown from the applicant's possession is manipulated by the police. He further submitted that there is no public witness of the alleged recovery. He further submitted that no proper identification parade was conducted by the police to ascertain the real culprits. Offence is triable by the Magistrate. He further submitted that the co-accused Shadab Khadkhad having similar role have already been enlarged on bail vide order dated 21.6.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No.24882 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant has no previous criminal history and he is languishing in jail since 14.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Mohshin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

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Order Date :- 5.7.2019 Mini

Mohshin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohshin v. State of U.P.

Case brief

What is this about?

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