Mukim v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45981 of 2023 Applicant :- Mukim Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seek bail in G.S.T. No.276/2010, Case Crime No.787 of 2007 under section 2/3 U.P. Gangster Act, P.S. Delhi Gate, District-Aligarh.

¶3It is argued that the applicant has been falsely implicated in the case and applicant was enlarged on bail in the year 2008 and subsequently, the due to change of district, applicant could not appear in the case as such non-bailable warrant has been issued to the applicant and applicant has again in the custody since

26.09.2023. It is also argued that there is no independent or public witness of the alleged recovery. It is further argued that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant if enlarged on bail will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

¶5Considering the facts and circumstances of the case and also perusing the material on record, coupled with the fact that applicant has never misused the liberty of bail, without expressing any opinion on the merit of the case, the applicant is entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Mukim be released on bail in aforesaid first information report subject to his furnishing a personal bond and two reliable sure1ties of Rs.25000/- each 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 :- 31.10.2023 Sachin High Court of Judicature at Allahabad