Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31831 of 2021 Applicant :- Anand Mohan Opposite Party :- State of U.P.
Counsel for Applicant :- Dileep Kumar Singh,Manoj Gautam Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Syed Imran Ibrahim
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Sadar Vaish, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant are innocent and has been falsely implicated in this case. Similarly circumstanced co-accused - Abhay Pratap Singh has already been admitted to bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 22009 of 2021 on 08.09.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant is languishing in jail since 16.02.2021 Sri Sadar Vaish, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Anand Mohan involved in Case Crime No. 65 of 2021, under Sections - 306 I.P.C., Police Station - Kotwali Nagar Mahoba, District - Mahoba be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2021 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.28 09:49:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad