Single judge bench allowed bail to Mohd. Masood in a criminal trial under multiple IPC sections. The court found that the applicant was falsely implicated, shared no specific allegation, posed no flight risk, and co-accused were already on bail. Bail granted with personal and surety bonds.
Release on bail with personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3706 of 2022
Applicant :- Mohd. Masood Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Deepak Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant- Mohd. Masood with a prayer to release him on bail in Case Crime No.449 of 2019, under Sections 147, 148, 149, 323, 325, 504, 427, 307, 326, 34 I.P.C., Police Station- Nawabganj, District- Prayagraj during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that there is no specific allegation against the applicant, general role has been assigned to the applicant. It is further submitted that there are contradictions in the statement of first informant and eye witnesses as well as medical report of the injured does not support the prosecution version. He next submitted that the co-accused persons, namely, Mohd. Faiz @ Faizulrahman @ Faizur Rahman and Athar Husain @ Mohd. Athar have been released on bail in Criminal Misc. Bail Application Nos.8217 of 2021 and 8869 of 2021 vide orders dated 9.2.2021 and 16.7.2021, respectively. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 6.12.2021 and there is no criminal antecedent against the applicant.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence,
complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Mohd. Masood involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.5.2022 Rameez
Digitally signed by RAMEEZ AHMED Date: 2022.05.16 16:19:18 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a prima facie case for grant of bail.
Whether there is a risk of absconding or tampering with evidence.
Whether the general nature of the charge precludes bail.
1 provisions across 1 enactments
Mohd. Masood
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
