Allowed

Niyaz Ahmad @ Sadab v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC25 Sept 2024/10204/2024

Case brief

AI extract

What is this about?

Hon'ble Allahabad High Court allowed bail in a Magistrate-level case under the Prevention of Cow Slaughter Act, noting the co-accused was released on bail earlier, the applicant has no criminal antecedents, and the offence is triable by a Magistrate.

What did the court decide?

Application allowed; applicant to be released on bail on personal bond and two sureties subject to conditions regarding tampering, intimidation, and attendance.

Niyaz Ahmad @ Sadab Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66492

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10204 of 2024

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Applicant :- Niyaz Ahmad @ Sadab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Kumar Maurya,Vikas Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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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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The present application has been filed by the applicant seeking bail in Case Crime No.534 of 2024, under Section 3/5/8, Prevention of Cow Slaughter Act, Police Station Kotwali Sadar, District Unnao.

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Learned counsel for the applicant submits that the co-accused Mahe Alam having similar role has been enlarged on bail vide order dated 19.9.2024 passed in Bail No.9947 of 2024. offence is triable by Magistrate. The applicant has no criminal history. The applicant is in jail since 15.8.2024.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the facts that the offence is triable by Magistrate, the applicant is in jail since 15.8.2024, he has no criminal antecedents, the co-accused named above has been released on bail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed. Let the applicant involved in Case Crime No.534 of 2024, under Section 3/5/8, Prevention of Cow Slaughter Act, Police Station Kotwali Sadar, District Unnao, 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 with the following conditions which are

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being imposed in the interest of justice:-

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

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(v) 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.

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(vi) In case, the applicant misuses the liberty of bail during trial 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.

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Order Date :- 25.9.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Niyaz Ahmad @ Sadab v. State of U.P. Thru. Prin. Secy. Home Lko.

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Niyaz Ahmad @ Sadab v. State of U.P. Thru. Prin. Secy. Home Lko.

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