Allahabad High Court
Mukesh vs State Of U.P. Though It Principal ... on 3 August, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25746 of 2022
Applicant :- Mukesh
Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Atul Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 1998, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mansoorpur, District Muzaffarnagar during pendency of the trial in the Court below.
3.The gang chart mentions a solitary case against the applicant namely Case Crime No.216 of 1997 under Sections 302, 506 IPC, Police Station Mansoorpur, District Muzaffarnagar. The applicant has already been tried for the aforesaid case in Session Trial No. 440 of 1998 and by means of a judgment and order dated 26.05.2000, the applicant has been acquitted for charge of committing of the aforesaid offence.
4.In the affidavit filed in support of the bail application, it has been stated that the applicant has falsely been implicated on the basis of a case, in which he stands acquitted. It has specifically been stated in the affidavit that the applicant is not involved in any criminal and anti social activities.
5.The applicant is languishing in jail since 06.05.2022.
6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
7. Keeping in view the fact that the applicant already stands acquitted in the solitary case mentioned in the gang chart, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
8.Let the applicant - Mukesh be released on bail in Case Crime No. 209 of 1998, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mansoorpur, District Muzaffarnagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 3.8.2022
Ashish Pd.
