Allowed

Mubarak Ali v. State of U.P.

Allahabad HC16 Aug 2018BAIL/28950/2018

Case brief

AI extract

What is this about?

In a bail application under Criminal Misc. Bail Application No. 28950 of 2018, the court allowed bail to the applicant Mubarak Ali, citing parity with another co-accused and prima facie satisfaction regarding the charge. He was directed to furnish a personal bond with two sureties.

What did the court decide?

Releasing the applicant on bail on furnishing a personal bond with two sureties each.

Mubarak Ali Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28950 of 2018

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Applicant :- Mubarak Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.,Abhai Saxena

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mohd. Irfan, learned counsel for the applicant and Sri Abhai Saxena, learned counsel for the complainant and, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Riyasat having similar role has been granted bail by this Court vide order dated 5.02.2018 in Criminal Misc. Bail Application No. 4190 of 2018, a copy of said order has been annexed as Annexure No. 8 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 21.06.2018.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Mubarak Ali involved in Case Crime No. 875 of 2017, under Sections 308, 323, 324, 325, 452, 504 I.P.C., Police Station Swar, District Rampur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 16.8.2018 V.S.Singh

Mubarak Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mubarak Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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