Allowed

Mohshin v. State of U.P.

Allahabad HC2 Nov 2022BAIL/48689/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Mohshin, during trial in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court allowed the application, set bond conditions, and dismissed the opposing submissions without comment on merits.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount with conditions.

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

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48689 of 2022

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Applicant :- Mohshin Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Mohshin for grant of bail, in Case Crime No. 52 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Sadar Bazar, District Meerut, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in three cases mentioned in the gang chart. However, in all the cases mentioned in the gang chart, the applicant has been enlarged on bail by competent Courts and copies of the bail orders are also placed on record as Annexure no.3 to the affidavit in support of bail application. He further submits that co-accused persons namely, Shakib @ Gaddu, Arshad @ Langda, Parvej @ Pahadi and another, Naushad @ Bihari, Sajid and Son @ Totala have already been enlarged on bail by the coordinate Benches of this Court vide orders dated 14.7.2022, 28.6.20221.6.2022, 8.6.2022, 2.6.2022 passed in Criminal Misc. Bail Application Nos.24881 of 2022, 25940 of 2022, 22144 of 2022, 21620 of 2020, 22487 of 2022, respectively.

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It is further submitted that apart from the single case mentioned in the gang chart, the applicant has criminal history of one more case and in that case he has already been enlarged on bail by the competent Court and the copy of the bail order is annexed as Annexure No.4. It is next submitted that applicant is languishing in jail since 26.05.2022 and there is no apprehension that the accused-applicant after release on bail,

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may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Mohshin involved in the aforesaid 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 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 :- 2.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.03 11:49:46 IST Reason: Location: High Court of Judicature at Allahabad

Mohshin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohshin v. State of U.P.

Case brief

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What did the court decide?

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