Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15536 of 2021 Applicant :- Mohsin Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Krishna Kumar Singh, learned counsel for the applicant and Sri Arvind Kumar, learned A.G.A. for State- respondent and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 57 of 2021 under Sections 323, 353, 506, 147, 394, 332 I.P.C. and 7 Criminal Law Amendment Act, Police Station Thakurdwara, District Moradabad, during the pendency of trial.
Submission made by the learned counsel for the applicant is that the name of the applicant is not mentioned in the FIR but he has been made accused subsequently during investigation in which it is stated that the vigilance team for electricity checking had gone to the place of occurrence where the applicant and 77 others committed mar-peet with the said team and thereby obstructed the official work being performed by them. It is further argued that name of the applicant has emerged in a video made by the officials and in that video 78 males and some females were found to be indulging in the said activity of mar- peet. There is no recovery made from the accused-applicant. He has no criminal history. He is in jail since 04.02.2021. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, period of detention and without expressing any opinion on the merits, let the applicant Mohsin involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021 Imroz (Dr. Y. K. Srivastava, J.)