The Allahabad High Court has granted conditional bail to Mohammad Akhtar, a member of the gang led by slain underworld don Atiq Ahmed.
A Single Bench of Justice Vivek Varma passed this order while hearing a Criminal Misc Bail Application filed by Mohd Akhtar.
The bail application under Section 439 CrPC has been filed with the prayer to enlarge the applicant on bail in Case under Sections 147, 148, 149, 323, 504, 506, 386, IPC, Police Station Kareli, District Prayagraj, during the pendency of the trial.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case. The incident is alleged to have occurred on 08.05.2024. The first information report was lodged on 17.05.2024. The delay is fatal to the prosecution case. At present, there is no substantive evidence that the applicant had forcibly taken money from the informant. There is no independent witness to the alleged incident.
It is next contended that no incident as alleged had occurred. The applicant is a clerk at Junior High School, Sallahpur, Allahabad. On the date of the alleged incident, he was present at the said school. The informant himself is a history sheeter. The applicant has been in jail since 21.09.2024 and in case he is enlarged on bail, he will not misuse the said liberty.
AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
“Having heard counsel for the parties and having perused the record this Court prima facie finds that the FIR was lodged belatedly. At this stage, there is no substantive evidence that the applicant had forcibly taken money from the informant. Further, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when 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 or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail,” the Court observed.
The Court ordered that,
Let the applicant Mohd Akhtar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.