Allahabad High Court
Mabood Alam vs State Of U.P. on 18 February, 2021
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34840 of 2020
Applicant :- Mabood Alam
Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Kamal Krishna (Senior Advocate),Raj Kumar Sharma
Counsel for Opposite Party :- G.A.,Malay Kumar Sharma,Praveen Kumar Tripathi
Hon'ble Vivek Kumar Singh,J.
Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Pradeep Kumar Rai, learned counsel for the applicant and Sri Malay Kumar Sharma and Sri Praveen Kumar Tripathi, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the real facts of the case is that the applicant had purchased a land which is situated adjacent to the main road, from one Mansoor Ahmad and after purchase of land the name of the applicant was mutated in the revenue record also, the first informant of the case wanted to grab the said property, regarding which altercation had taken place between the applicant and informant and only to put pressure on the applicant the present FIR has been lodged. It has also been submitted that the victim had remain confined to hospital for no longer period of time and now leading a normal life and is completely out of danger. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.6.2020. It has been pointed out that the applicant has criminal history which has been stated in paragraph no.16 of the affidavit accompanying the bail application.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail applicant and submitted that the applicant is convicted for the crime punishable under Section 302 I.P.C., therefore, the applicant is not entitled for bail.
To the above, learned counsel for the applicant submits that though the applicant is convicted under Section 302 I.P.C., but the judgment & order passed by the trial Court is under challenge before this Court by way of filing Criminal Appeal No.2979 of 2009 (Mabood Vs. State of U.P.) and in the said case the applicant has been granted bail by another Bench of this Court. Thus, the applicant is entitled for bail. In support of his contention he has placed reliance on the following judgments of Hon'ble Apex court:-
Ketan Suresh Pawar Vs. Yuvraj Sandeepan Sawant in Special Leave Petition (Crl.) No.4158/2019) dated 27.8.2019;
Maulana Mohammed Amir Rashadi Vs. State of Uttar Pradesh and Another reported as (2012) 2 Supreme Court Cases 382:
Prabhakar Tewri Vs. State of U.P. and Anr. passed in Criminal Appeal No.152 of 2020 (arising out of Special Leave Petition (Crl.) No.9207/2019) dated 24.1.2020.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Mabood Alam, be released on bail in Case Crime No.309 of 2020, under Sections- 147, 148, 149, 307, 323, 504, 506, 379 IPC and Section 7 Criminal Law Amendment Act, Police Station- Nawabganj, District- Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 18.2.2021
Dev/-
