Allahabad High Court
Mohammad Islam vs State Of U.P. on 6 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58067 of 2022 Applicant :- Mohammad Islam Opposite Party :- State of U.P. Counsel for Applicant :- Aftabb Ahamad,Pradeep Kumar Singh,Shivam Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.175 of 2022 at Police Station-Kareilli, District-Prayagraj under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120B IPC and Sections 3/4/5 of the Explosive Substances Act, Section 7 of the Criminal Law Amendment Act, Section 83(2) of the Juvenile Justice Care and Protection of Children Act and under Section 3/4 of the Prevention of Damage to Public Property Act. The applicant is in jail since 13.06.2022.
The bail application of the applicant was rejected by learned trial court on 08.12.2022.
The following arguments made by Shri Shivam Kumar Pal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant was not named in the F.I.R.
(2). The applicant was falsely nominated at the behest of some political influential persons.
(3). The applicant did not indulge in any violence.
(4). No incriminating article has been recovered from the applicant.
(4). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is convenient scapegoat for the police authorities. The applicant has been falsely nominated in similar cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Mohammad Islam be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 6.1.2023 Ashish Tripathi