Allowed bail application of Moh. Ahmad charged under Sections 376-D, 506 IPC and POCSO Act. Court held applicant made out case for bail and ordered release on bond with conditions regarding presence and attendance.
Released on bail with personal bond and two heavy local sureties subject to conditions regarding attendance and cooperation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:132898
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 434 of 2023
Applicant :- Moh. Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.,Prateek Pandey
Hon'ble Dr. Gautam Chowdhary,J.
accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.09.2022 having no criminal history.
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed
against him under Section 229-A of the Indian Penal Code.
III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.7.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under the circumstances where co-accused were already enlarged on bail.
Whether the applicant has made out a prima facie case for bail.
7 provisions across 3 enactments
Moh. Ahmad
State Of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
