Raj Mohammad v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11941 of 2022 Applicant :- Raj Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amitabh Pratap Singh,Naveen Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amitabh Pratap Singh, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 325/2022, under Sections 507 IPC & 66F I.T. Act, Police Station Madion, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.06.2022 alleging that the informant has received three message from the mobile phone of the applicant, regarding explosions to be carried out at six places-four in Karnataka and 2 in Uttar Pradesh.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is 22 year's old innocent person who is undergoing treatment of anxiety and irritability.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations levelled in the FIR prima facie do not make out commission of offence under Section 66F of the Informatiion Techonology Act and that the appicnat is a 22 year's old person having no criminal history and he is languishing in jail since 08.06.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Raj Mohammad 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 16.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench