Mufeed vs State Of U.P.
2016 Latest Caselaw 3385 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18084 of 2016
 

 
Applicant :- Mufeed
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Devendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J. 

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

This bail application has been filed in Case Crime No. 32 of 2016, under Section 3 (1) U.P. Gangster Act, Police Station - Bhognipur District - Kanpur Dehat, on the ground that accused - applicant has already been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 42450 2015 (Mufeed Vs. State) on 02.12.2015.

The contention raised by learned counsel for the applicant is that as per gang chart two cases are alleged to have been shown against the applicant, in which the applicant has been granted bail, copies of the bail order are annexed as Annexure nos. 3 & 4 to the affidavit accompanying the bail application. It is next contended that the applicant is in jail since 02.02.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A for the State has opposed the bail on the ground of long criminal history of the accused - applicant.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.

Let the applicant - Mufeed involved in Case Crime No. 32 of 2016, under Section 3 (1) U.P. Gangster Act, Police Station - Bhognipur, District - Kanpur Dehat, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

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 stand cancelled.

Order Date :- 03.06.2016.

Vinod.