Shobi @ Mujahid vs State Of U.P.
2012 Latest Caselaw 4478 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24704 of 2012
 

 
Petitioner :- Shobi @ Mujahid
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vikas Sharma,Garun Pal Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

The present bail application has been filed by the applicant in case crime No. 71 of 2012, under Sections 420, 467, 468 and 471,  police station Mandi, District Saharanpur with the prayer to enlarge him on bail.

It is contended by the learned counsel for the applicant that  except the confessional statement of the co-accused, there is no other material against the applicant to show that he was involved in forgery or fabrication of documents.  A false recovery has been shown and there is no independent witness of the alleged recovery.  It is next contended by the learned counsel for the applicant that the applicant is in jail since 13.2.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

It is further contended by the learned counsel for the applicant that co-accused Ravindra Kumar has already been granted bail by another Bench of this Court vide order dated 12.4.2012, passed in Criminal Misc. Bail Application No. 9275 of 2012, copy of which order has been filed as annexure-2 to the affidavit accompanying the bail application.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Shobi @ Mujahid, involved in case crime No. 71 of 2012, under Sections 420, 467, 468 and 471,  police station Mandi, District Saharanpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.

Order Date :- 25.9.2012

faraz