Allowed

Mohd. Musir v. State of U.P.

Allahabad HC22 Sept 2022BAIL/39533/2022

Case brief

AI extract

What is this about?

The High Court considered a bail application by Mohd. Musir in a crime involving attacks with weapons. The court released the applicant on a personal bond and sureties without expressing an opinion on the merits of the accusation.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties, with conditions against tampering, committal of further crimes, and requirement to cooperate in the trial.

Mohd. Musir Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39533 of 2022

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Applicant :- Mohd. Musir Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and also perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 0150 of 2022, under Sections 147, 148, 149, 307, 504, 506, 286 I.P.C., Police Station-Daraganj, District-Prayagraj.

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As per contents of F.I.R., the incident is said to have occurred on 04.07.2022 when some vehicle borne masked assailants are said to have attacked on the informant with bombs and pistols, due to which certain persons are said to have been injured. It is stated that one of the assailants was captured by the persons who named the applicant as being involved in the attack.

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Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him. It is further submitted that the applicant was not named in the FIR whereas co-accused, namely Vishal Singh Chandel, who has been named in the FIR, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 8.9.2022 passed in Criminal Misc. Bail Application No. 35763 of 2022. It is also submitted that from the reading of the injury report, only abrasive injuries have been suffered and there is no injury relating to bomb or pistol attack. It is submitted that even otherwise there is no grievous injury on any vital part of the injured has been found. The applicant has no criminal history to his credit and he is in jail since 5.7.2022. There are scanty chances of his fleeing away from the judicial process and tampering the prosecution evidence.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage but could not dispute the aforesaid submission of the learned counsel for the applicant.

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The points pertaining to nature of accusation, severity of

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punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

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Without expressing any opinion on the merits, let the applicant Mohd. Musir involved in aforesaid crime 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 that :-

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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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 22.9.2022 M. Tarik

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Digitally signed by MOHD TARIK Date: 2022.09.28 17:07:53 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Musir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Musir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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