Allowed

Mustakeen v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Allahabad HC1 Feb 2024BAIL/1115/2024

Case brief

AI extract

What is this about?

The court allowed the bail application of an applicant charged under Sections 302, 120-B, and 201 IPC, relying on the ground of parity. A co-accused had already been granted bail on identical allegations. The applicant, having no criminal history and detained since August 2023, was released on bail with standard conditions.

What did the court decide?

Bail allowed in FIR/Case Crime No.403 of 2023 under Sections 302, 120-B, 201 IPC, subject to personal bonds and sureties.

Mustakeen vs State of U.P. Thru. the Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30230

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1115 of 2024

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Applicant :- Mustakeen Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Govt. Of U.P. Lucknow Counsel for Applicant :- Avinash Kumar Srivastava Counsel for Opposite Party :- G.A.,Archana Rawat

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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Learned counsel for the applicant has argued that on the basis of the same allegations levelled against co accused Irshad, Sufiyan has been granted bail by this Court vide orders dated 21.3.2024 and 18.1.2024. Hence the applicant who is languishing in jail since 16.8.2023 having no criminal history, may also be enlarged on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering and adopting the same reasonings as contained in bail orders dated 18.1.2024 passed in the case of co accused coupled with the fact that the applicant is languishing in jail since 16.8.2023 having no criminal history, is entitled to be released on bail on the ground of parity.

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5. Accordingly, the bail application is allowed.

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Let the applicant Mustakeen be released on bail in FIR/ Case Crime No.403 of 2023, under Sections 302, 120-B, 201 I.P.C., Police Station Kotwali Rudauli, District Faizabad/Ayodhya on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence

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similar to the offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 16.4.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Mustakeen v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Case brief

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What did the court decide?

Mustakeen v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Case brief

What is this about?

What did the court decide?

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