Mujahid v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42108 of 2023 Applicant :- Mujahid Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Krishna Kant Yadav, learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C, 1973, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 537 of 2013, under Sections 3/5/8 U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station-Shahabad, District-Rampur, during the pendency of trial.

¶3Counsel for the applicant submitted that the accused-applicant has been falsely implicated in the present. The applicant is neither arrested by the police on spot nor involved in the present case. No recovery has been made from the possession of the applicant. The applicant have three criminal history in his credit, in which he has been enlarged on bail. Copies of the bail orders have been annexed as SA-1 to the supplementary affidavits supported with the application. The applicant is in jail since 17.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Mujahid, 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 31.10.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad