Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 21674 (ALL)

MOHIT v. STATE OF U.P.

BAIL/7179/2025 · 2025-04-07

Mohd Azhar Husain Idrisi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7179 of 2025 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 73 of 2024, under Section 2/3 of the U.P. Gangsters and Ante-Social Activities (Prevention) Act, 1986, Police Station Baghwala, District Etah. 3. Learned counsel for the applicant submits that in the gang-chart 5 cases have been mentioned in which he has been enlarged on bail by the co-ordinate Bench of this Court as well as by the trial court, which has been explained in Paragraph- 8 of the affidavit. Apart from the gang-chart one more case has been registered against the applicant in which too he has been granted bail by the trial court as explained in Paragraph- 2 of the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 05.02.2025. 4. Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant. 5. Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed. 6. Let the applicant- Mohit be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- 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 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. 7. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 8.4.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad