Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49305 of 2021 Applicant :- Mohit And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Gupta,Sunil Kumar Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicants who are involved in Case Crime No.281 of 2021, under Sections 307, 352, 324, 325, 504, 506 I.P.C., Police Station Rabupura, District Gautam Budh Nagar and are in jail since 7.10.2021, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. He further submitted that the applicants are students and are pursuing their graduation degree. He further submitted that the applicants were not present on the day of occurrence as they were preparing for competitive examinations in Delhi also. He further submitted that a civil dispute was going on between the grandfather of the applicant and father of the informant for the last 40 years and due to which the present dispute arose and the first information report was lodged and the applicants have been falsely implicated in the case in collusion with the informant just to spoil their career. He further submitted that no specific role has been assigned to any of the applicants. He further submitted that there is no independent witness of the incident. He further submitted that the allegations leveled against the applicants are general in nature. He further submitted that the applicants are languishing in jail since 7.10.2021 having no criminal history and that in case they are released on bail, they will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Mohit and Dushyant Sharma involved in aforesaid crime be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.12.2021 Anil K. Sharma