Mohd. Waseem v. State of U.P.

Neutral Citation No. - 2023:AHC:153198

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31006 of

2023

Applicant :- Mohd. Waseem

Opposite Party :- State of U.P.

Counsel for Applicant :- Ram Prakash Singh

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

2. This is the second bail application. The first bail application was rejected vide order dated 03.01.2023 (Annexure-3 to the bail application).

3. The submission of the Counsel for the applicant is that subsequent to the rejection of the bail application, the co-accused Santosh has been enlarged on bail by this Court vide order dated 14.02.2023 passed in Criminal Misc. Bail Application No.55082 of 2022. He further argue that after the rejection of the bail application, the charges has only been framed and the trial has not even started.

4. Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the allegations levelled in the FIR being similar to the co-accused who has been enlarged on bail and the fact that the applicant is in custody since 11.07.2022 and the trial has not even started coupled with the fact that the applicant does not have any criminal antecedents and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

6. Accordingly, the bail application is allowed.

7. Let the applicant Mohd. Waseem be released on bail in FIR/ Case Crime No.02 of 2021, under Sections 370, 504, 506 IPC and Sections 67, 67A IT Act, Police Station AHTU, District Kanpur Nagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 31.7.2023 akverma

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