Allowed

Suhail Ahamad v. State of U.P. and Another

Allahabad HC21 Nov 2024ABAIL/9663/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant, Suhail Ahamad, in an investigation case under the Cow Slaughter Act and Arms Act, subject to the furnishing of a personal bond with two sureties and specific conditions regarding attendance, interference, and travel.

What did the court decide?

Granted anticipatory bail on a personal bond with two sureties, subject to conditions of daily appearance, no tampering with witnesses, and prior court permission for foreign travel.

Suhail Ahamad vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 88

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9663 of 2024

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Applicant :- Suhail Ahamad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.115 of 2023, under Sections 3/5/8 of Cow Slaughter Act and Section 4/25 Arms Act, Police Station Meh Nagar, District Azamgarh during the pendency of trial.

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It is submitted by the learned counsel for the applicant that the applicant was granted anticipatory bail by this Court till the submission of report under section 173(2) Cr.P.C and now after investigation charge sheet has also been filed. It is also submitted that the applicant was roped in this case by the police only on the basis of confessional statement of coaccused. Neither he was arrested on the spot nor any article was recovered from him. Now the applicant is under apprehension of arrest by the police, therefore, request to grant anticipatory bail during the pendency of trial. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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Learned A.G.A. opposed the prayer for anticipatory bail as aforesaid.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, there appears ground to grant anticipatory bail in favour of the applicant during the pendency of trial.

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The applicant- Suhail Ahamad , shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the learned court everyday

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when case is fixed except exempted;

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(ii) 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, this order will automatically stand vacated.

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Order Date :- 21.11.2024 G.S

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Suhail Ahamad v. State of U.P. and Another

Case brief

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Suhail Ahamad v. State of U.P. and Another

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