Allowed

Mohsin v. State of U.P.

Allahabad HC6 Oct 2020BAIL/29633/2020

Case brief

AI extract

What is this about?

This is a criminal bail application under the U.P. Gangsters Act where the applicant was detained since early July 2020. The Court, noting the applicant is not a gang member or convict and the trial cannot conclude soon, allowed bail explaining the mandate of Dataram Singh. Orders include a personal bond, two sureties upon restoration of courts, and conditions against tampering and future crime.

What did the court decide?

Bail allowed on personal bond and two sureties (to be verified and furnished within a month after restoration of normal court functioning).

Mohsin Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29633 of 2020

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Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Pathak,Harshit Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Harshit Pathak, learned counsel for the applicant; learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Mohsin with a prayer to release him on bail in Case Crime No.186 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Badagaon, District Saharanpur, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, only one case has been shown against the applicant in which he has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 16.9.2019 (Annexure-2 to the bail application). The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 09.07.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohsin 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 subject to following conditions. Further, before issuing the release order, the sureties

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be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 6.10.2020

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Meenu

Mohsin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohsin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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