Allowed

Mohd. Gaus v. State of U.P.

Allahabad HC18 Oct 2019BAIL/30634/2019

Case brief

AI extract

What is this about?

In a bail application, the Single Bench allowed the plea of Mohd. Gaus charged with theft and related offences. The Court found it a fit case considering the nature of allegations and circumstances, directing release on personal bond and two sureties with standard conditions.

What did the court decide?

Release of applicant on personal bond and two reliable sureties each of like amount, subject to conditions of not tampering with evidence, not threatening witnesses, and appearing in court.

Mohd. Gaus Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30634 of 2019

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Applicant :- Mohd. Gaus Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Mishra 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. 364 of 2015, under Sections 379, 411, 413, 414 IPC, P.S. Civil Lines, District Moradabad.

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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 he is a sole bread earner in the family and he was gone outside the jurisdiction of the Court that is why he was not able to attend the Court. He further submitted that earlier he was on bail and at present he is in jail. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 6.5.2019 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.

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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 Mohd. Gaus 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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Order Date :- 18.10.2019 Mini

Mohd. Gaus v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Gaus v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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