Allowed

Masjood Ahmad v. State of U.P.

Allahabad HC11 Aug 2023BAIL/24970/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Masjood Ahmad, accused under the Prevention of Cow Slaughter Act and IPC. Considering that a co-accused with an identical role had already been granted bail and the applicant had no criminal history, the court released him on personal bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to conditions regarding appearance at trial and no tampering with witnesses.

Masjood Ahmad Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:162915

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24970 of 2023

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Applicant :- Masjood Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused- applicant is involved in Case Crime No. 33 of 2023, under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act and section 11 Prevention of Cruelty Against Animals Act and section 307, 427, 429 I.P.C. and 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Oonjha, DistrictBhadohi.

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It is argued by the learned counsel for the applicant that co accused Dilshad having identical role has already been granted bail by this court. The bail order of Dilshad dated 17.7.2023 is placed before the court and is submitted that as per gang chart there is no other case to the credit of the applicant who is languishing in jail since 3.4.2023, hence, the prayer for bail is made.

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Learned A.G.A. opposed the prayer for bail of the applicant but accepted the argument advanced by the learned counsel for the applicant that co accused Dilshad having identical role has been granted bail by this court.

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From the perusal of the record, it is found that the present applicant was apprehend along with co accused Dilshad. The present applicant is said to be the driver of the truck in question wherein 33 cows and its progeny were being transported. When the said truck was apprehended by the police 12 cows and its progeny were found dead in the truck. Only 21 cows and its progeny could be saved at the time of apprehending the truck. Co accused Dilshad who was apprehended by the police along with the present applicant has been granted bail by this court. There is

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no criminal history to the credit of the applicant and he is languishing in jail since 3.4.2023.

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Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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The bail application is allowed.

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Let the applicant Masjood Ahmad who is involved in 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 subject to following conditions.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 11.8.2023/Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Masjood Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Masjood 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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