Mahendra Singh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32037 of 2023 Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Ansar Ahmad, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 106 of 2022, under Sections 420, 406 IPC, Police Station Bharthana, District Etawah during pendency of the trial.

¶3Learned counsel for the applicant submits that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court on merit vide order dated 04.04.2023 passed in Criminal Misc. Bail Application No. 12108 of 2023 and he is pressing the instant second bail application on the ground that applicant is facing trial for the offences under Sections 420, 406 IPC and all the offences are triable by Magistrate-I class and applicant in the present matter is in jail since 23.02.2023 i.e. for almost nine months. He further submits that applicant is not having any previous criminal history.

¶4Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6However, this is second bail application filed on behalf of the applicant and his first bail application was dismissed on merit vide order dated 04.04.2023 but it appears that applicant is detained in jail for offences under Sections 420, 406 IPC and both the offences are triable by Magistrate-I class and applicant is in jail since 23.02.2023 i.e. for almost nine months and he is not having any previous criminal history.

¶7Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant -Mahendra Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.11.2023 AK Pandey High Court of Judicature at Allahabad