Allowed

Mohd. Rashid v. State of U.P.

Allahabad HC24 Mar 2022BAIL/5676/2022

Case brief

AI extract

What is this about?

The Allahabad High Court considered a bail application by Mohd. Rashid falsely implicated in an FIR involving firearm injury allegations and recovery of a pistol and cash. The court observed a flawed recovery and lack of independent witnesses but released the applicant on bail with conditions.

What did the court decide?

Released on bail on personal bond and two local sureties, conditioned not to tamper with evidence or witnesses.

Mohd. Rashid Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5676 of 2022

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Applicant :- Mohd. Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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It is submitted that the applicant has been falsely implicated in the instant case. In the incident no person has received any injury of fire arm. The injury found on the thigh of one police personnel is due to friction. False recovery of a country made pistol, one live cartridge and Rs.700/- has been shown from the applicant. There are no independent witnesses to the alleged recovery. It is contended that the co-accused Jakir @ Jafir Kureshi has been granted bail by this Court in Criminal Misc. Bail Application No. 7920 of 2022 vide order dated 7.3.2022. The applicant claims parity. The applicant is in jail since 12.1.2022. In case the applicant is enlarged on bail he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Perused the first information report as well as the averments made in the bail application.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Mohd. Rashid involved in case crime no.16 of 2022, under Sections 307, 504, 34 I.P.C., P.S. Gaur, District Basti be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence.

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.

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

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Order Date :- 24.3.2022 S.S.

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Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.24 18:15:32 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Rashid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Rashid v. State of U.P.

Case brief

What is this about?

What did the court decide?

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