Allowed

Mohd. Saleem v. State of U.P.

Allahabad HC19 Jul 2022BAIL/29052/2022

Case brief

AI extract

What is this about?

The Allahabad High Court, in a bail application under U.P. Prevention of Cow Slaughter Act and other provisions, allowed the applicant's petition. Relying on parity with a co-accused and the principles of Article 21, the court granted bail subject to conditions including furnishing bonds and sureties and refraining from tampering with evidence.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each, subject to conditions against tampering with evidence and intimidation of witnesses.

Mohd. Saleem Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29052 of 2022

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Applicant :- Mohd. Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Ms. Sarita Yadav holding brief of Shri Azad Khan, learned counsel for the applicant and learned A.G.A for the State.

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The submission is that co-accused, Ikram, has already been enlarged on bail vide Criminal Misc. Bail Application No. 47731 of 2021 on 7.2.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 6.4.2022. On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohd. Saleem, involved in case crime No.112 of 2021, under Sections 5A/5-B/8 of U.P. Prevention of Cow Slaughter Act, Section 11 Prevention of Cruelty of Animals Act, Sections 420, 467, 468, 471, 34 I.P.C. and Section 7 Criminal Law (Amendment) Act, Police Station Sakrar, District Jhansi, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence

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during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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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 them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 19.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.19 17:53:45 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Saleem v. State of U.P.

Case brief

What is this about?

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Mohd. Saleem v. State of U.P.

Case brief

What is this about?

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