Allowed

Movin Ahmad v. State of U.P.

Allahabad HC10 Dec 2021ABAIL/16987/2021

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to Movin Ahmad in CRMA No. 16987 of 2021. The applicant sought bail in a case under Sections 3, 5A, and 8 of the U.P. Cow Slaughter Act. The court rejected the State's request for a counter-affidavit and granted bail on a bond of Rs. 50,000 with conditions against influence of evidence and leaving India.

What did the court decide?

Anticipatory bail granted for Rs. 50,000 personal bond with two sureties on conditions of interrogation availability and restraint from fleeing or influencing evidence.

Movin Ahmad Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16987 of 2021

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Applicant :- Movin Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Present bail application was released by Hon'ble Rahul Chaturvedi,J. vide order dated 7.12.2021. It has been informed that in light of the order of Hon'ble The Chief Justice dated 20.10.2021 the matter is placed before this court.

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

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This anticipatory bail application has been filed on behalf of the applicant - Movin Ahmad , seeking anticipatory bail in Case Crime No. 35 of 2021, under Sections - 3/5A/8 of U.P. Cow Slaughter Act, Police Station - Jahanaganj, District - Azamgarh .

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Counsel for the applicant submits that the applicant is not named in the FIR. No arrest was made and no recoveries were made. The FIR was lodged by the police party owing to other reasons. The ingredients of the alleged offence are not complete.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Movin Ahmad , involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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(ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Present application stands disposed of .

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Order Date :- 10.12.2021 shiv

Movin Ahmad v. State of U.P.

Case brief

What is this about?

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Movin Ahmad v. State of U.P.

Case brief

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