Mool Chandra vs State Of U.P.
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Allahabad High Court

Mool Chandra vs State Of U.P. on 1 May, 2025

Author: Gautam Chowdhary

Bench: Gautam Chowdhary

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69496
 
Court No. - 86
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43101 of 2024
 

 
Applicant :- Mool Chandra
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rajesh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J. 
 

1. This is the IVth bail application moved on behalf of the applicant for enlarging him on bail in Case Crime No. 134 of 2021 under Sections 419, 420, 467, 468, 471 I.P.C. registered at P.S. Rudhauli, District Basti. The first Criminal Misc. Bail Application No.5019 of 2021 and Criminal Misc. Second Bail Application No.33577 of 2022 has been dismissed by Hon'ble Mr. Justice Om Prakash Tripathi vide orders dated 27.04.2022 and 28.09.2022 respectively, whereas Criminal Misc. Third Bail Application No. 46499 of 2023 has been dismissed in default vide order dated 15.07.2024 passed by Hon'ble Mr. Justice Mayank Kumar Jain.

2. Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present. He further submits that there are as many 17 prosecution witnesses and till date one witness has been cross examined. It is further submitted by learned counsel for the applicant that trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 15.09.2021.

4. Per contra, learned AGA opposed the prayer for bail but admitted the facts that the applicant is in jail since last three and half years.

5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

6. Let the applicant- Mool Chandra, be released on bail in Case Crime No. 134 of 2021 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Rudhauli District Basti on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

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

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

8. The bail application is allowed.

Order Date :- 1.5.2025

S.Ali