Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46820 of 2020 Applicant :- Mohan Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that no such alleged injury caused by the applicant to injured Priyanka and miscarriage was not done in this incident. It is further submitted that F.I.R. is delayed by six days and no plausible explanation has been given in this regard. It is further submitted that applicant was on anticipatory bail granted by this Court. It is further submitted that applicant has no previous criminal history. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 21.10.2020.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Mohan Lal involved in Case Crime No. 1451 of 2020, under Sections 147, 323, 504, 316 I.P.C., P.S. Sihani Gate, District Ghaziabad be released on bail 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 6.1.2021 AKT