Allowed

Noor Ahmad Alias Noor Mohammad v. State of U.P.

Allahabad HC4 Jul 2019BAIL/17969/2019

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal case involving Sections 420, 406, 493, and 316 IPC, subject to conditions including cooperation in the trial and abstaining from tampering with witnesses or illegal activities.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.

Noor Ahmad Alias Noor Mohammad Vs State of… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17969 of 2019

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Applicant :- Noor Ahmad Alias Noor Mohammad Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 02 of 2019 under Sections 420, 406, 493 and 316 I.P.C., Police Station-Bhawaniganj, District Siddharth Nagar, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the applicant is quite innocent and F.I.R. was lodged after five years of the incident. Learned counsel for the applicant further submitted that the victim was having a consensual relationship with the accused and it has been specifically mentioned in the F.I.R. that victim was raped on false promise to marry given by the accused. He lastly submitted that the victim is a major girl and the applicant is languishing in jail since 15.02.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Noor Ahmad Alias Noor Mohammad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 02 of 2019 under Sections 420, 406, 493 and 316 I.P.C., Police Station-Bhawaniganj, District-Siddharth Nagar, subject to the following conditions:-

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The applicant will continue to attend and co-operate in the

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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 trial court will be at liberty to cancel the bail.

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Order Date :- 4.7.2019

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sweta

Noor Ahmad Alias Noor Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Noor Ahmad Alias Noor Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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