Allowed

Shah Mohmmad v. State of U.P.

Allahabad HC23 Nov 2020BAIL/38349/2020

Case brief

AI extract

What is this about?

The High Court at Allahabad, in Criminal Misc. Bail Application No. 38349 of 2020, granted bail to the applicant, Shah Mohmmad, in a case involving alleged violence under multiple IPC and special laws. Relying on parity with similarly situated co-accused who had been released, the court directed the execution of a personal bond and surety.

What did the court decide?

The applicant was released on bail upon executing a personal bond and furnishing two sureties in an amount to be fixed by the court.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38349 of 2020

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Applicant :- Shah Mohmmad Opposite Party :- State of U.P. Counsel for Applicant :- Mir Sayed 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. 362 of 2019, under Sections 147, 148, 149, 332, 353, 307, 188, 302, 427, 109, 120B I.P.C., Section 3,4 Prevention of Damages to Public Property Act, Section 7 Criminal Law Amendment Act and Section 27 Arms Act, P.S. Babupurwa, district-Kanpur Nagar, is seeking enlargement on bail during the trial.

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As per prosecution case the first information report was lodged against eight named and 4000-5000 unknown persons allegedly participated in ruckus, which took place on 20.12.2019 at Kanpur Nagar against Citizen Amendment Act (CAA).

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It is submitted by learned counsel for the applicant that applicant was not named in the first information report. He next submits that similarly placed co-accused namely, Faizan Mumtaz, Sarwar Alam, Saiyad Abdul Hai Hashmi and Aqeel Ahmad have already been enlarged on bail by coordinate Benches of this Court vide orders dated 12.6.2020, 18.6.2020, 19.6.2020 and 23.7.2020 passed in Criminal Misc. Bail Application Nos. 14240 of 2020, 14857 of 2020, 15525 of 2020 and 18397 of 2020, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused namely, Faizan Mumtaz, Sarwar Alam, Saiyad Abdul Hai Hashmi and Aqeel Ahmad who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant, Shah Mohmmad be released on bail in the aforesaid case on his executing a personal bond and furnishing 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 trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 23.11.2020 Faridul

Shah Mohmmad v. State of U.P.

Case brief

What is this about?

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Shah Mohmmad v. State of U.P.

Case brief

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