Allowed

Kallu @ Riaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Apr 2024BAIL/2656/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by an accused in a cow slaughter case who had been in jail since September 2022 and whose co-accused had been granted bail. The court allowed bail on grounds of parity, subject to standard conditions including trial cooperation and no tampering with evidence.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount, subject to conditions imposed.

Kallu @ Riaz 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:30929

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2656 of 2024

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Applicant :- Kallu @ Riaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akhil Kumar Singh,Sachin Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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The case is taken up through video conferencing from Allahabad.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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By means of this application under Section 439 of Cr.P.C., applicant-Kallu Alias Riaz, who is involved in Case Crime No. 0232 of 2022, under Sections 3/5A/8 of The Prevention of Cow Slaughter Act, 1955, P.S. Musafirkhana, District-Amethi, seeks enlargement on bail during the pendency of trial.

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It is contended by learned counsel for the applicant that there are total seven accused in this case, namely, Ashok Yadav, Rahul Kumar, Kallu Alias Riaz (applicant), Mojeeb, Shahzade, Gulzar and Anees. Applicant has been falsely implicated in this case by the police. There is no independent/public eye witness of the alleged recovery. Applicant has a criminal history of three cases which have been explained in the affidavit. The co-accused Mohammad Anees Alias Anees and Guljar @ Guljar Beg have been granted anticipatory bail by this Court vide orders dated 10.11.2022 and 24.11.2022 in Criminal Misc. Anticipatory Bail Application Nos. 1860 of 2022 and 1908 of 2022 respectively. It is further submitted that co-accused Mojeeb, Ashok Yadav and Rahul Kumar have been granted bail vide orders of coordinate Bench of this Court dated 18.10.2022, 13.12.2022 and 13.12.2022 in Criminal Misc. Bail Application Nos. 11933 of 2022, 14562 of 2022 and 14541 of 2022 respectively. The case of

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the applicant stands on identical footing to that of aforesaid co-accused who have been granted bail by this Court, hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.09.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but did not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused as noted above under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed .

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Let the applicant- Kallu Alias Riaz , be released on bail in the aforesaid case crime number on furnishing a 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any

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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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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 19.4.2024 Kashifa

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

Kallu @ Riaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Kallu @ Riaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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