Moseem @ Mohammad Mohseen v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35243 of 2023 Applicant :- Moseem @ Mohammad Mohseen Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that two persons namely Yashpal and the applicant caused substantial injuries, the injury report is on record.

¶3It is argued by the counsel for the applicant that co-accused Yashpal Alias Kainchi Kushwaha against whom similar allegations were levelled has been enlarged on bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 39502 of 2023.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that on the similar allegations, the co-accused has been enlarged on bail, thus, on the ground of parity, the applicant is enlarged on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Moseem @ Mohammad Mohseen be released on bail in FIR/ Case Crime No. 142 of 2023, under Sections 323, 325, 354, 452, 307, 504, 506 IPC, P.S. Ramgarh, District Firozabad, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 S.A. High Court of Judicature at Allahabad