Allowed

Saddam Kha v. State of U.P.

Allahabad HC30 Oct 2023BAIL/44462/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant, Saddam Kha, attempted for Cow Slaughter, Cattle Trespass, and Cruelty to Animals offences. The relief was granted solely on the ground of parity with a similarly placed co-accused already released on bail, without expressing an opinion on the merits of the case.

What did the court decide?

Bail allowed on grounds of parity and lack of criminal history; released on furnishing personal bond and two sureties subject to conditions.

Saddam Kha Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:206599

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44462 of 2023

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Applicant :- Saddam Kha Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 157 of 2023, U/S 3/5A/8 of Prevention of Cow Slaughter Act, 429 IPC and 11 of Prevention of Cruelty to Animals Act, Police Station Rajabpur, District Amroha, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Asif has already been enlarged on bail by this Court vide order dated 13.10.2023 passed in Criminal Misc. Bail Application No. 38294 of 2023. The applicant is languishing in jail since 11.9.2023, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the

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ground of parity.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Saddam Kha who is involved in aforementioned case crime number 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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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 30.10.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Saddam Kha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saddam Kha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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