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Mohsin vs State Of U P

High Court Of Judicature at Allahabad|22 August, 2019
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JUDGMENT / ORDER

Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34317 of 2019 Applicant :- Mohsin Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the victim willingly eloped with the applicant and another co-accused, Umar. When she went to the house of the applicant the family members informed her parents and she was taken back by them to Aligarh from Meerut. She had admitted that she was not subjected to any force by the applicant. The age of the victim has been found to be 16 years by the Magistrate in his release order. The applicant is in jail since 24.07.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Mohsin, be released on bail in Case Crime No. 744 of 2018, under Sections- 363, 366 I.P.C., Police Station- Banna Devi, District- Aligarh, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 22.8.2019 Rohit
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Title

Mohsin vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 August, 2019
Judges
  • Siddharth
Advocates
  • Rajesh Sharma