Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44416 of 2021 Applicant :- Mohammad Mashroor Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 109 of 2021, under Sections 307/34 IPC and Section 3(1) of U.P. Gangster And Anti-Social Activities (Prevention) Act, 1986, P.S. Barsathi, District Jaunpur, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no cogent material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. It was further submitted that in the gang chart, one case has been shown against the applicant, in which he is already on bail. Apart from the case shown in gang chart, criminal history of seven cases was shown against the applicant but all those cases are minor in nature and criminal history has duly been explained. In alleged incident no one has sustained any injury and there is no independent witness of incident. It was submitted that co-accused Niyaz has already been granted bail vide order dated 07.10.2021, passed in Criminal Misc. Bail Application No. 28688 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 03.09.2021, having no other criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Mohammad Mashroor involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 A. Tripathi