Court allowed bail to Mobin in a case under Section 307 IPC and Animal Cruelty Act. Applicant had a criminal history but was not arrested at the spot, and his complicity was revealed by a co-accused. Bail granted on personal bond and two sureties.
The applicant is released on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14017 of 2023
Applicant :- Mobin Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Ravi Kant, learned AGA for the State.
The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 360 of 2022, under Section 307 IPC and 3/11 Animal Cruelty Act, Police Station Ganj, District Rampur during pendency of the trial.
FIR of the present case was lodged against applicant and six others and some unknown persons and according to the FIR coaccused Nawab Noor was apprehended and he disclosed the name of applicant and according to the FIR, applicant and his associates made assault upon the police party but none sustained any injury and from the spot one calf was recovered.
Learned counsel for the applicant submitted that applicant was neither arrested at spot nor any recovery was made from his possession and his complicity was revealed during investigation through the statement of co-accused Nawab Noor. He further submits that applicant is having criminal history of 25 cases and only due to his long criminal history he was implicated by the police in the present matter and he has explained the criminal history of the applicant in the supplementary affidavit and applicant in the present matter is in jail since 03.03.2023.
Per contra, learned AGA opposed the prayer for bail and submitted that applicant is having long criminal history of 25 cases but could not dispute the fact that name of applicant was disclosed by co-accused Nawab Noor and applicant neither arrested at spot nor any recovery was made from his possession.
I have heard learned counsel for the parties and perused the record of the case.
Although, applicant is having criminal history of about 25 cases but his criminal history has been explained in paragraph-2 to the supplementary affidavit and he was neither arrested at spot nor any recovery was made from his possession and his complicity was revealed through the disclosure statement of coaccused Nawab Noor.
Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant - Mobin be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 12.4.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for release on bail in the present criminal trial.
Mobin
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
