Allowed

Mohammad Ahmad v. State of U.P.

Allahabad HC1 Aug 2022BAIL/18802/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court allowed the applicant's petition for bail. Relying on parity with co-accused already released and the nature of the offense, the court granted bail on a personal bond and sureties with standard conditions.

What did the court decide?

The applicant Mohammad Ahmad is released on bail on furnishing a personal bond and two sureties.

Mohammad Ahmad Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18802 of 2022

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Applicant :- Mohammad Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Zafeer Ahmad, the learned counsel for the applicant, Sri Indra Dev, learned State Counsel and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 102 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bilaspur, District Rampur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police against 7 named accused persons, including the applicant, alleging that on the basis of an information received from a Mukhbir (informer), the Police Party raided the applicant's house and it was found that seven accused persons were packing prohibited flesh of a cow progeny. Four accused persons ran away from the spot and the applicant, co-accused Sabir and Zahid Shah were arrested from the spot. It is alleged that 30 k.g. flesh of a cow progeny and other equipments used for cutting and selling the flesh were recovered from the house.

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The learned counsel for the applicant has submitted that coaccused person Sabir who was arrested from the spot alongwith the applicant has already been released on bail by means of an order dated 12.07.2022 passed by this Court in Criminal Misc. Bail Application No. 21538 of 2022 and the order co-accused Zahid Shah has also been released on bail by means of an order dated 20.07.2022 passed by this Court in Criminal Misc. Bail Application No. 18806 of 2022.

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His submission is that the role assigned to the applicant is similar to that assigned to the co-accused Sabir and Zahid Shah who have already been granted bail and two other co-accused persons Nabi Ahmad and Israr Ahmad have also been granted bail by means of orders dated 19.05.2022 and 20.05.2022 passed by this Court in Criminal Misc. Bail Application Nos.

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19849 of 2022 and 18852 of 2022 respectively.

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His submission is that the applicant is also entitled to be released on bail on the ground of parity.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspect of the matter.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Mohammad Ahmad be released on bail in Case Crime No. 102 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bilaspur, District Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 1.8.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.03 11:35:09 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Ahmad v. State of U.P.

Case brief

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Mohammad Ahmad v. State of U.P.

Case brief

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