Allowed

Masroor Ahmad v. State of U.P.

Allahabad HC15 Jun 2021BAIL/10807/2021

Case brief

AI extract

What is this about?

High Court allowed a second bail application filed by Masroor Ahmad in an IPC case involving robbery and mischief. The court, not touching merits, held the accused entitled to bail and ordered release on personal bond with sureties, subject to a pandemic-specific clause.

What did the court decide?

Release on bail on personal bond and two sureties under specific conditions, including a clause for exemption during Covid-19 lockdowns.

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

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10807 of 2021

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Applicant :- Masroor Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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This is second bail application. The first bail application was rejected on 3.2.2021 as not pressed.

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

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This bail application has been preferred by the accused-applicant- Masroor Ahmad, who is involved in Case Crime No. 319 of 2020, under Sections 394 and 411 I.P.C., Police Station- Pahashu, District- Bulandshahr.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that in the F.I.R, it has been stated by co-accused Rajesh and Saleem that murder and loot was committed by them though in the fard the applicant has been shown to be arrested at the spot with other co-accused; that the only allegation against the applicant is that co-accused have stated that the looted articles were to be handed over to the applicant and co-accused Shadab and Amesh Rajput @ Naeem @ Awesh. Further submission is that on the similar set of facts co-accused Shadab and Amesh Rajput @ Naeem @ Awesh have been granted bail by co-ordinate Benches of this Court vide orders dated 1.2.2021 and 3.2.2021 passed in Crl. Misc. Bail Application Nos. 2897 of 2021 and 10613 of 2021. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 24.9.2020 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused applicant is entitled for bail.

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Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.

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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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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 15.6.2021 MN/-

Masroor Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Masroor Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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