Mursaleen v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46134 of 2023 Applicant :- Mursaleen Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned AGA for the State.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 312 of 2017, under Sections 420, 467, 468 and 471 of I.P.C., Police Station-Tanda, District-Rampur during pendency of the trial.

¶3Counsel for the applicant contends that the applicant, being the brother of the co-accused, has been falsely implicated in the instant case. The identically placed co-accused, Mohsin @ Chandu, has been granted bail by this Court in Criminal Misc. Bail Application No. 18541 of 2023 vide order dated 10.05.2023. The applicant claims parity. The criminal history of the applicant has been explained in paragraph no. 24 of the bail application. The applicant is in jail since 02.08.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the identically placed co-accused, Mohsin @ Chandu, has been granted bail by this Court. At present, there is no substantive evidence against the applicant. Further, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Mursaleen involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In 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 :- 1.11.2023 Sachin Mishra High Court of Judicature at Allahabad