Allowed

Mukim v. State of U.P.

Allahabad HC23 Sept 2020BAIL/15103/2020

Case brief

AI extract

What is this about?

The High Court granted bail to Mukim, an accused under the U.P. Prevention of Cow Slaughter Act, valuing the claim of parity before coaccused were released. Bail was ordered upon furnishing a personal bond and two sureties subject to specific conditions regarding tampering and court functionality.

What did the court decide?

Releasement on bail by furnishing a personal bond and two sureties subject to specific conditions.

Mukim Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15103 of 2020

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Applicant :- Mukim Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application has been filed on behalf of the applicant, Mukim, with a prayer to release him on bail in Case Crime No. 825 of 2019 under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police StationKotwali Dehat, District- Bulandshahar, during pendency of trial.

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Learned counsel for the applicant has contended that the coaccuseds Suifyan @ Bablu and Jamshed have been granted bail by this Court on 21.11.2019 and 14.01.2020 in Criminal Misc. Bail Application Nos. 50941 of 2019 and 2065 of 2020 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of one case which has been explained in paragraph no. 14 of the affidavit filed in support of the bail application. He is languishing in jail since 19.11.2019.

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Learned A.G.A. has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.9.2020 KS

Mukim v. State of U.P.

Case brief

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Mukim v. State of U.P.

Case brief

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