Mudassir v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47848 of 2023 Applicant :- Mudassir Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2In terms of the FIR, it was alleged that certain persons were involved in manufacturing of fake cement of various brands. Contention of counsel for the applicant is that the applicant was driving the vehicle and has no connection with the offence in question. Prima-facie, the FIR was lodged on the basis of an inspection carried out and not at the instance of any cement manufacturer.

¶3Learned AGA has opposed the bail application.

¶4As no specific allegation of the applicant being involved in manufacturing of fake cement is made out and he is only a driver and has no criminal antecedent except the one described in Para - 21, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Mudassir be released on bail in FIR No.459 of 2023, under Section 420, 468, 471 IPC, Section 63, 65 of Copyright Act and Section 4/25 of Arms Act, P.S. Nai Mandi, District Muzaffar Nagar on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of 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 :- 8.11.2023 nishant High Court of Judicature at Allahabad