Allowed

Musheer @ Museem @ Mohsim v. State of U.P. Thru. Prin. Sectt. Deptt. of Home Lko.

Allahabad HC19 Nov 2022/7796/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 5/25 Arms Act, the High Court found no cogent evidence or independent eye witness for the recovery. Despite criminal antecedents explained by the applicant, the Court granted bail, imposing conditions regarding witness tampering, court attendance, and avoiding adjournments.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties on specified conditions including appearing for recording of evidence and not tampering with witnesses.

Musheer @ Museem @ Mohsim Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7796 of 2022

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Applicant :- Musheer @ Museem @ Mohsim Opposite Party :- State Of U.P. Thru. Prin. Sectt. Deptt. Of Home Lko. Counsel for Applicant :- Kapil Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant,Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 331 of 2022, under Sections 5/25 Arms Act, Police StationMohamadi, District Lakhimpur Kheri.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that there is no independent public eye witness of the aforesaid recovery and there is no cogent piece of evidence against the applicant so as to connect him in the instant matter. Police being inimical has planted the applicant in the instant matter. He also added that there are six cases previous criminal antecedent of the applicant, which has been explained in para 16 of the bail application. The applicant is a law abiding citizen and he is languishing in jail since 15.06.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid and submits that the applicant is involved in committing the aforesaid offence and there are six cases previous criminal history of the applicant as such he is not entitled to be released on bail .

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Having heard the learned counsel for the parties and after perusal of record, it is evident that there is no cogent piece of evidence against the applicant; there is no independent public eye witness of the aforesaid recovery; further criminal history has been explained in para 16 of the bail application and he is languishing in jail since 15.06.2022.

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Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case

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of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the applicant- Musheer @ Museem @ Mohsim involved in the aforementioned 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 19.11.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.11.19 16:24:25 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Musheer @ Museem @ Mohsim v. State of U.P. Thru. Prin. Sectt. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Musheer @ Museem @ Mohsim v. State of U.P. Thru. Prin. Sectt. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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