The High Court allowed a bail application for Mohd. Bin Kasim. The court noted the absence of an independent witness during recovery and the grant of bail to a co-accused, finding these sufficient grounds for release on bail on parity.
Released on bail on a personal bond with two sureties of Rs. 25,000/- each, subject to specific conditions.
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Neutral Citation No. - 2023:AHC:214947
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44686 of 2023
Applicant :- Mohd. Bin Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Ali Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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 or to any police officer or tamper with the evidence.
Order Date :- 7.11.2023 Faridul
Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given the failure to record recovery in accordance with Section 100 Cr.P.C. and the bail granted to co-accused.?
Whether the applicant can be released on bail on grounds of parity despite opposition by the prosecution?
Whether the bond amount and sureties are sufficient conditions for granting bail in FIR No. 234 of 2023??
3 provisions across 3 enactments
Mohd. Bin Kasim
State of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
