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2025 DAILYLAW 24253 (ALL)

MOHAN PRATAP URF MONU AND ANOTHER v. STATE OF U.P.

BAIL/7724/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31517 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7724 of 2025 Applicant :- Mohan Pratap Urf Monu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Swapnil Sinha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Swapnil Sinha, learned counsel for the applicants, Sri Yagyavalk Pandey, learned AGA for the State-Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohan Pratap Urf Monu and Himanshu Urf Golu, seeking enlargement on bail in Case Crime No. 320 of 2023, under Sections 341, 323, 504, 506, 307 I.P.C., Police Station- Aurangabad, District- Bulandshahr. Learned counsel for the applicants argued that the accused- applicants are innocent and they have been falsely implicated in this case crime number. The applicants are languishing in jail since 15.02.2025. In the aforesaid case, the applicants were granted bail by the court below on 03.01.2024. He submits that after being released on bail the accused-applicants could not appear on one date before the Trial Court and the Court below has issued Non Bailable Warrant on 25.10.2024 against the applicants and their bail got cancelled on 23.11.2024. Thereafter, the applicants filed Application under Section 482 Cr.P.C. No. 42647/2024 before this Court, which was dismissed, but granted a week's time protection to the applicants to appear before the court below. Subsequently, the applicants surrendered themselves before the court below and applied for bail, but their bail application got rejected vide order dated 20.02.2025 by the Adidtional Session Judge/FTC-4, Bulandshahr. Learned counsel for the applicants further submits that the applicants have not deliberately and intentionally avoided the proceedings of the trial court. The applicant no. 1 has criminal antecedent of 10 cases which are explained in para 19 of the bail application and applicant no. 2 has no criminal history. There is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Mohan Pratap Urf Monu and Himanshu Urf Golu, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 5.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad