Allowed

Mohd. Zeeshan v. State of U.P.

Allahabad HC30 Jan 2023BAIL/58404/2022

Case brief

AI extract

What is this about?

The Court, while not expressing an opinion on merits, held that the applicant had made out a case for bail in a criminal matter involving serious offences. The application was allowed, and the applicant was released on a personal bond with sureties subject to standard conditions.

What did the court decide?

Release on bail with a personal bond and two sureties subject to standard conditions.

Mohd. Zeeshan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58404 of 2022

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Applicant :- Mohd. Zeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh,Raj Kumar Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 118 of 2022, registered under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120-B IPC, 3/4/5 Explosive Substance Act, 7 Criminal Law Amendment Act, 83 of Juvenile Justice Act & 3/4 Prevention from Damages of Public Property Act, Police StationKhuldabad, District- Prayagraj during pendency of the trial.

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It is argued by the learned counsel for the applicant that the instant FIR has been lodged against 70 named accused persons along with 5000 other unknown accused persons wherein, the applicant was not named in the FIR and general role has been assigned to all the accused persons. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Co-accused Ashif and Rizwan have been granted bail by the Co-ordinate Bench of this Hon'ble Court dated 12.09.2022 and 19.09.2022. The applicant is languishing in jail since 11.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P. (Crl.) No. 5191 of 2021 , the Court is of the view that the

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applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohd. Zeeshan, who is involved in the aforesaid case 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 following conditions. Further, before issuing the release order, the sureties be verified.

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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.

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Order Date :- 30.1.2023 Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Mohd. Zeeshan v. State of U.P.

Case brief

What is this about?

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Mohd. Zeeshan v. State of U.P.

Case brief

What is this about?

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What the court decided

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