The Allahabad High Court has granted conditional bail to SP leader Mukesh Siddharth, accused of giving objectionable speech.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Mukesh Siddharth.
The application has been filed seeking release of the applicant on bail in Case under Sections 143, 153, 153A, 115, 353, 505(2), 186, 506 IPC and u/s 7 Criminal Law Amendment Act, Police Station Civil Lines, District Meerut, during pendency of the trial in the court below.
An FIR of the case was lodged against the applicant and according to the FIR, the applicant gave objectionable speech.
Counsel for the applicant submitted that on the basis of false allegation applicant has been accused in the matter and applicant is having political background, therefore, he has been made accused in the matter.
He further submitted that even from the perusal of the FIR it reflects that it is based on false facts.
He also submitted that apart from the case applicant has criminal history of three other cases but his criminal history has been explained in the bail application and out of three cases in one case final report has been submitted and in two cases applicant is on bail.
He said that the applicant has been in jail in the matter since 8.1.2024.
Per contra, AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by the counsel for the applicant.
“From the perusal of the FIR, it reflects that argument advanced by the counsel for the applicant that the FIR of the case is based on general allegation and cannot be completely ruled out.
Further, considering the allegations made against the applicant all the alleged offences appear to be punishable upto seven years.
Further, however, the applicant is also having criminal history in three other cases but it appears that out of three cases in one case the final report has been submitted and in two cases the applicant is on bail and he is in jail in the matter since 8.1.2024.
Therefore, considering the facts and circumstances of the case, discussed above, in my view, the applicant is entitled to be released on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Mukesh Siddharth, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.