Allowed

Maulana Ashfaq v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Allahabad HC26 Apr 2024BAIL/1370/2024

Case brief

AI extract

What is this about?

The court granted bail to the applicant in an FIR registered under Sections 302, 201, and 120-B IPC. The decision was based on the principle of parity, as a co-accused with similar allegations had already been granted bail, and the applicant had no criminal history while remaining in custody since February 2023.

What did the court decide?

Bail granted subject to furnishing personal bonds and two reliable sureties of Rs. 20,000 each, and execution of bonds with standard conditions.

Maulana Ashfaq vs State of U.P Thru. Secy. Home Civil… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32841

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1370 of 2024

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Applicant :- Maulana Ashfaq Opposite Party :- State Of U.P Thru. Secy. Home Civil Secrt. Lko.

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Counsel for Applicant :- Gaurav Misra,Yashi Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard Shri Ramesh Gupta, Advocate holding brief for Shri Gaurav Misra, learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The applicant seeks enlargement on bail in FIR No. 20 of 2023, under Sections 302, 201, 120-B IPC, Police Station Tulsipur, District Balrampur.

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It is argued that the co-accused with similar allegations, has been enlarged on bail vide order dated 8.2.2024 passed in Criminal Misc. Bail Application No. 8252 of 2023. The applicant claims parity with the co-accused Kale @ Saleem.

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Learned AGA has opposed the bail application.

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Considering the allegations against the applicant and the evidence to be similar to the co-accused Kale @ Saleem coupled with the fact that the applicant has no criminal history and is in custody since 5.2.2023, the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed .

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Let the applicant- Maulana Ashfaq be released on bail in the aforesaid FIR number 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 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 :- 26.4.2024 Shravan

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

Maulana Ashfaq v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Case brief

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Maulana Ashfaq v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Case brief

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What did the court decide?

What the court decided

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