Mohsin v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47133 of 2023 Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Singh 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 seeks bail in Case Crime No.202 of 2023 under sections 395, 397, 120-B IPC, and section 3/5A/8 Prevention of Cow Slaughter Act, Police Station Kotwali Dehat, District Etah.

¶3The FIR in question was lodged against unknown persons alleging that the said persons were indulged in cow slaughtering and was trying to transport the same through Pickup vehicle. The vehicle number could not be seen as is indicated in the FIR. Subsequently, based upon the confessional statement and the recovery of a country made pistol and knife, the applicant was implicated with the offence in question.

¶4It is argued that the co-accused have been enlarged on bail and the orders are on record from page 52 onwards. The criminal history has been duly explained.

¶5Considering the fact that there is no independent witnesses to the alleged recovery and the applicant was not named in the FIR coupled with the fact that the co-accused has been enlarged on bail, the applicant is entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Mohsin be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 6.11.2023 VNP/- High Court of Judicature at Allahabad