Allowed

Momin v. State of U.P.

Allahabad HC7 Jun 2022BAIL/10255/2022

Case brief

AI extract

What is this about?

The High Court enlarged the applicant on bail in a criminal case involving sections 147, 148, 149, 307, 504, 506 IPC. The court found merit in submissions regarding false implication, vague role, and contradictions in medical reports, granting bail with specific conditions.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties with conditions against tampering and influencing witnesses.

Momin Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10255 of 2022

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Applicant :- Momin Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Sr. Advocate Counsel for Opposite Party :- G.A.,Nasira Adil

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 424 of 2021 at Police Station Shahpur, District Muzaffarnagar under Sections 147, 148, 149, 323, 307, 504, 506, IPC. The applicant is in jail since 24.01.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Muzaffarnagar, on 09.02.2022.

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Shri Karunesh Pratap Singh, learned counsel holding brief of Shri M. J. Akhtar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arises out of an argument between parties suddenly turning violent. A vague and a general role has been assigned to the applicant in the incident. The applicant has not been identified as the principal offender who discharged a fire arm and inflicted the gun shot injury. Learned counsel for the applicant further submits that there are contradictions in the medical reports. The initial medical report does not record any gun shot injury. However supplementary injury opines presence of gun

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shot injuries. The injury reports are doctored. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Rishi Chaddha, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Momin be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted

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with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 7.6.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.06.08 17:38:08 IST Reason: Location: High Court of Judicature at Allahabad

Momin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Momin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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