Mobin v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41841 of 2023 Applicant :- Mobin Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 584 of 2023 under Sections 147, 148, 149, 307,336, 323, 504, 506, 295, 295A, 153A, 505 (2) I.P.C. and Section 7 Criminal Law Amendment Act, Police Station-Baradari, District-Bareilly, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. In the F.I.R. 111 persons have been named and 100-1500 persons have been shown unknown. The applicant is neither named in the F.I.R. nor was involved in the alleged offence. In the alleged incident, no person received any injury. Only on the basis of C.C.T.V. footage, the applicant has been implicated in this case. As a matter of fact, the incident took place near the house of the applicant and the applicant was mere a spectator, no specific role has been attributed to him. The applicant is in jail since 2.8.2023, having no criminal history. 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 submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than 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 temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant- Mobin, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject

to

the

conditions

that

he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 4.12.2023 S.Verma High Court of Judicature at Allahabad