Mohammad Imran v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50533 of 2023 Applicant :- Mohammad Imran Opposite Party :- State of U.P. Counsel for Applicant :- Aqueel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that earlier the applicant was enlarged on bail on 26.5.2015. Thereafter, charge was framed against applicant. However, subsequently applicant could not participate in the trial court proceedings on account of applicant gone to Delhi for his livelihood and as such, applicant has remained absent from 18.11.2019 to 7.7.2023. The applicant undertakes to appear before the court concerned on each date fixed and shall not seek any unnecessary adjournment, unless specifically exempted by the court concerned. Applicant is languishing in jail since 7.7.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶5Considering the facts and circumstances of the case, nature of offence, undertaking and submissions of learned counsel for the Applicant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶6Let the applicant Mohammad Imran involved in Case Crime No.166 of 2015, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District Aligarh be released on bail on furnishing a personal bond and two sureties each of Rs.50,000/-in the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v). 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.

(vi). The applicant shall not leave India without the previous permission of the Court.

¶7It is also provided that applicant may participate in the trial court proceedings through Video Conferencing facility in pursuance to the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020.

¶8In case, applicant participate in the trial court proceeding through Video Conferencing, the trial court shall permit him and make necessary arrangements for the same.

¶9In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.11.2023 D. Tamang High Court of Judicature at Allahabad