Mohsin v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48320 of 2023 Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Ravi Prakash Singh, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.305 of 2023, under Section 307 IPC and Sections 3/4/25/27 of the Arms Act, Police Station Kotwali Dehat, District Etah, during the pendency of trial.

¶3It is a case of police firing in which a constable has sustained fire arm injury.

¶4Learned counsel for the applicant submits that the injuries are simple in nature. The description of injuries has been produced through supplementary affidavit. As per injury report a lacerated wound in an area of 2cm x 1cm x subcutaneous deep is shown to be received by the head constable Samay Singh. As per X-Ray report no bony injury was seen. It is also contended that there is no previous criminal history against the applicant but subsequently the applicant has been falsely implicated in two cases and in one of which he has been enlarged on bail. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 09.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Mohsin, involved in the 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 :- 6.12.2023 Shahroz High Court of Judicature at Allahabad