The Allahabad High Court has granted bail to Abrar Mulla alias Mohammad Abrar Khan, who is the accused in the famous Dr Bansal murder case of Prayagraj.
A single-judge bench of Justice Saumitra Dayal Singh passed this order while hearing a Criminal Misc Bail Application filed by Abrar Mulla @ Mohammad Abrar Khan.
The bail application has been filed on behalf of the applicant Abrar Mulla @ Mohammad Abrar Khan, with a prayer to release him on bail in Case under Sections 302 and 120-B IPC, Police Station Kydganj, District Prayagraj, during pendency of trial.
Having heard counsel for the parties, the court noted that:
(i) against FIR lodged on January 12, 2017, the applicant is in confinement since September 15, 2021;
(ii) the applicant claims to have cooperated in the investigation. In any case, the applicant’s name surfaced four years after the occurrence by way of confessional statement of co-accused Shoaib;
(iii) the applicant has no criminal history. ;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for the purpose of grant of bail, it has been submitted by counsel for the applicant that the applicant has been falsely implicated. The applicant has no criminal history. Neither he was in jail nor he had conspired in the occurrence. Further, it has been submitted, all the assailants are in jail.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial.
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The Court ordered,
“In view of the above, let the applicant involved in the crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.”
“In case of breach of any of the above conditions, the bail being granted shall be canceled. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted,”
-the order reads.
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