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Mushahid vs State Of U.P. on 7 January, 2020


?Court No. – 73


Applicant :- Mushahid

Opposite Party :- State of U.P.

Counsel for Applicant :- Zafar Abbas

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

By means of this application, the applicant, who is involved in Case Crime No. 42 of 2018, under Section 406 IPC, police station Katghar, district Ghaziabad, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that main allegation in this case is that accused persons in collusion with each other extracted total amount of Rs. 7,93,000/-(rupees seven lac ninety three thousand only) from different victims on the assurance and promise to provide lucrative job in Malaysia. It is also submitted by learned counsel for the applicant that so far as the present applicant, Mushahid is concerned, it is alleged in the first information report that he along with co-accused, Adil had also received an amount of Rs. 3,50,000/- (rupees three lac fifty thousand only) from the victims, but the informant as well as victims in their statements recorded under Sections 161 Cr.P.C. have clarified the role of the applicant by contending that the amount of Rs. 3,50,000/- (rupees three lac fifty thousand only) was taken by co-accused, Adil in the presence of the applicant. It is urged that role of the present applicant is distinguishable from the role assisted to other co-accused persons, who have taken money from the victims. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 2.11.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant, Mushahid 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 concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

Order Date :- 7.1.2020




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