Allowed

Mushik @ Chunna v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC21 Aug 2024/8919/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant Mushik @ Chunna on grounds of parity with co-accused already released on bail. The order includes specific conditions to prevent witness tampering, intimidation, and ensure court attendance, referencing relevant sections of the Indian Penal Code and Cr.P.C.

What did the court decide?

Applicant Mushik @ Chunna to be released on bail via personal bond and two sureties subject to conditions against tampering and ensuring court attendance.

Mushik @ Chunna Vs State of U.P. Thru. Prin. Secy. Home Lko — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56972

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8919 of 2024

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Applicant :- Mushik @ Chunna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla,Aman Pandey 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 AGA for the State and perused the record.

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Learned counsel for the applicant submits that the co-accused Dilshad @ Kallu Juggler and Abhinesh Yadav @ Abhinesh who were assigned the similar role has been enlarged on bail by this Court vide orders dated 08.08.2024 and 12.08.2024 passed in criminal misc. bail application Nos. 8573/2024 and 8672 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused persons.

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It is further submitted that the applicant is languishing in jail since 24.06.2024. He has explained his criminal history of one case. 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 AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.

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On due consideration to the fact that co-accused Dilshad @ Kallu Juggler and Abhinesh Yadav @ Abhinesh who were assigned the similar role has been enlarged on bail; the applicant has explained his criminal history of one csae, coupled with the fact that the applicant is languishing in jail since 24.06.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant, Mushik @ Chunna, involved in Case Crime/FIR No. 254/2024, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station - Inayat Nagar, District - Faizabad/Ayodhya, be released on bail on his furnishing a

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personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are 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 :- 21.8.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mushik @ Chunna v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Mushik @ Chunna v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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