Mukku @ Nasruddinn v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47511 of 2023 Applicant :- Mukku @ Nasruddinn Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey,Jaya Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2Heard Sri Amit Kumar Pandey, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 472 of 2010, under Sections 366, 376, 120-B IPC, Police Station-Nebua Naurangiya, District-Kushi Nagar, during pendency of the trial in the court below.

¶4Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on 27.07.2023 on the ground that applicant appeared before the trial court after eight years. He further submitted that in the present matter, applicant is in jail since 25.07.2022 i.e. for almost one and half years and, therefore, considering the long incarceration of the applicant, he may be released on bail.

¶5He further submitted that applicant is ready to give an undertaking that in future, he will regularly attend the trial court and fully cooperate with the trial. He further submitted that even victim of the case during trial has been declared hostile as she did not support the prosecution case, therefore, there is no evidence left against the applicant. He further submitted that applicant is not having any criminal history.

¶6Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on 27.07.2023 but from the order dated 27.07.2023, it appears that the first bail application of the applicant was dismissed on the ground that he appeared before the trial court after eight years.

¶9From the record, it further reflects that victim of the case when appeared before the trial court then she did not support the prosecution case and has been declared hostile.

¶10Further, applicant is in jail in the present matter since July, 2022 i.e. for almost one and half years.

¶11Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶12Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶13Let the applicant-Mukku @ Nasruddinn 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.

¶14In 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.

¶15It 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 :- 5.12.2023 / KK Patel High Court of Judicature at Allahabad