Allowed

Mohd Azeem v. State of U.P.

Allahabad HC4 Nov 2022BAIL/21203/2022

Case brief

AI extract

What is this about?

This bail applicant, charged under the U.P. Prevention of Cow Slaughter Act, sought release after being in custody since March 2022. The single judge bench, noting that all similarly situated co-accused had been granted bail and the applicant lacked a criminal record, allowed the bail application with a personal bond and sureties.

What did the court decide?

Allowed; mandated release on bail subject to a personal bond and two sureties in the like amount.

Mohd Azeem Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21203 of 2022

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Applicant :- Mohd Azeem Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh,Pavan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Pavan Kumar, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 31 of 2022, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Khajuriya, District Rampur.

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3.The aforesaid case has been registered on the basis of a first information report alleging that on the basis of an information received from a Mukhbir, a shop was raided. It is mentioned in the FIR that one Shadab son of Shafiq Ahmad and another person ran away.

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4.The learned counsel for the applicant has submitted that all the co-accused persons, including the persons who have been arrested on the spot and the other co-accused persons have already been granted bail by this Court.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 24.03.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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

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7.Having considered the aforesaid facts and circumstances and keeping in view the fact that all the similarly situated persons have already been bail and that the applicant is languishing in

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jail whereas he has no criminal history, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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

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9.Let the applicant Mohd Azeem be released on bail in Case Crime No. 31 of 2022, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Khajuriya, 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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10.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 :- 4.11.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.09 17:54:05 IST Reason: Location: High Court of Judicature at Allahabad

Mohd Azeem v. State of U.P.

Case brief

What is this about?

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Mohd Azeem v. State of U.P.

Case brief

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What did the court decide?

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