Mobin Vs State of U.P.

Neutral Citation No. - 2023:AHC:126049

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56059 of 2022

Applicant :- Mobin Opposite Party :- State of U.P. Counsel for Applicant :- Anay Kumar Srivastava,Kamal Singh Counsel for Opposite Party :- G.A.,Ashish Kumar,Jitendra Prasad Mishra

¶5

Hon'ble Ms. Nand Prabha Shukla,J.

¶6

Heard learned counsel for the applicant, learned AGA for the State, Sri Jitendra Prasad Mishra, learned counsel appearing for the informant and perused the record.

¶7

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 14 of 2022, under Sections 147, 148, 149, 452, 302, 506, IPC, Police Station Badgaon, District Saharanpur during pendency of the trial.

¶8

It has been alleged by learned counsel for the applicant that he is not named in the First Information Report and his name has surfaced in the statement of an independent witness, namely, Mursaleem recorded on 05.03.2022 after a gap of about one month. It has further been contended that there are certain inconsistency in the statement of first informant and statement of independent witness, Mursaleem. Even the alleged recovery shown against the applicant is after a gap of one month. It has also been submitted that the applicant has been falsely implicated in the instant case and there is no criminal history against the applicant as averred in para 23 of the affidavit of bail application. There is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 03.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶9

Learned A.G.A. as well as learned counsel for the informant has opposed the bail prayer of the applicant but they could not dispute the aforesaid facts.

¶10

Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and

¶11

without expressing any opinion on merits of the case, I find it a fit case for bail.

¶12

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

¶13

Let the applicant-Mobin involved in 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 subject to the following conditions. Further, before issuing the release order, the sureties be verified.

¶14

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

¶15

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

¶17

(iv) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

¶18

(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶19

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.

¶20

Order Date : - 12.6.2023 Puspendra

¶21

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Mobin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mobin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vijay Yadav vs State of U.P. and Another

Ashok Goyal Vs Ramesh Chandra Sharma and 3 Others

Usha Gupta and 2 Others Vs State of U.P. and 2 Others

Jayveer Vs State of U.P.

Rahil Vs State of U.P.

Abrar Vs State of U.P.