Allowed

Bali @ Bali Mohammad v. State of U.P.

Allahabad HC26 Sept 2023BAIL/28817/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for an applicant aged 76, charged with sexual offences, who suffers from cancer. The victim resiled from her previous statement, though the court declined to express an opinion on the merits of the case.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two local heavy sureties subject to compliance with specified conditions.

Bali @ Bali Mohammad Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186633

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28817 of 2023

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Applicant :- Bali @ Bali Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Order on Criminal Misc. Parole (Short Term Bail) Application No. 1 of 2023:-

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Learned counsel for the applicant submits that he does not want to press this application and it may be dismissed as not pressed.

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In view of the above, the application is dismissed as not pressed.

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Order on Criminal Misc. Bail Application:-

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This second bail application has been filed on behalf of applicant in Case Crime No. 334 of 2022, under Sections 354-B, 376 (2) (h), 506 of IPC, Police Station Partapur, District Meerut with the prayer to enlarge the applicant on bail.The first bail application of the applicant has been rejected by this Court vide order dated 30.01.2023.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that after rejection of the first bail application of the applicant, on 10.08.2023 the statement of PW1/victim has been recorded before the trial court wherein she categorically denied the allegations made in the first information report by stating that applicant never committed obscene activities with her. She also resile from her previous version recorded under Section 161 Cr.P.C. It is further submitted that applicant is aged around 76 years and he is suffering from cancer. It is further submitted that applicant is languishing in jail since 7.08.2022

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having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Bali @ Bali Mohammad in the aforesaid crime be released on bail on furnishing a personal bond and two local heavy sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness.

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

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(4). 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 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 :- 26.9.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Bali @ Bali Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bali @ Bali Mohammad v. State of U.P.

Case brief

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What did the court decide?

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