Rauwab Ali @ Daddan Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Neutral Citation No. - 2024:AHC-LKO:6933

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 871 of 2024

Applicant :- Rauwab Ali @ Daddan Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Sharvan Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that she has procured complete instructions in the matter including up-to-date case diary and charge sheet in this case has also been submitted.

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Heard Shri Sharvan Kumar Pandey, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Rauwab Ali @ Daddan for grant of bail, in Case Crime No. 312 of 2023, under Section 379 I.P.C. and Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Gilaula, District Sharawati, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. Applicant was not arrested from the spot and his name has surfaced in the confessional statement of the co-accused persons and all the alleged offences against the applicant are triable by Magistrate.

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It is further submitted that applicant is languishing in jail in this case since 08.12.2023 and he is not having any criminal history. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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It is further submitted that identically placed co-accused Aas Mohammad @ Nanke and Mustafa have been granted bail by this Court, vide order dated 18.1.2024 and 22.01.2024 passed in Crl. Misc. Bail Application Nos. 603 of 2023 and 736 of 2024. The criminal history of five cases have been alleged against the applicant, however one of such cases is pertaining to

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an NCR and no process of any complaint case has been received with regard to the same and another case is pertaining to Goonda Act which has lost its efficacy due to the efflux of time. The criminal history of other three cases is explained in para no.15 of the bail application.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail.

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Considering the fact that applicant was not arrested from the spot, the offences against the applicant are triable by Magistrate, charge sheet has also been submitted and applicant is languishing in jail in this case since 08.12.2023 and criminal history of five cases shown against the applicant has adequately been explained and identically placed co-accused persons Aas Mohammad @ Nanke and Mustafa have been granted bail by this Court, the facility of bail may safely be extended to the applicant. Thus, the bail application filed by the applicant is allowed.

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Let the accused/applicant- Rauwab Ali @ Daddan involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 24.1.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Rauwab Ali @ Daddan v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

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Rauwab Ali @ Daddan v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

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