Allowed

Hashim @ Baggha v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Dist. Lko

Allahabad HC11 Jan 2024BAIL/350/2024

Case brief

AI extract

What is this about?

This court allowed a bail application filed by an accused in a cow slaughter case, allowing release on personal bond with sureties despite criminal history, noting a co-accused with similar history had already been granted bail.

What did the court decide?

Release on bail on personal bond with two sureties subject to conditions restricting contact with witnesses, adjournments, and further criminal activity.

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

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Neutral Citation No. - 2024:AHC-LKO:3075

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 350 of 2024

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Applicant :- Hashim @ Baggha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Dist. Lko Counsel for Applicant :- Suhail Kashif Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and charge sheet has also been submitted.

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Heard Shri Suhail Kashif, learned counsel for the accusedapplicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Hashim @ Baggha for grant of bail, in Case Crime No. 191 of 2023, under Section 3,5,8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Jahangirabad, District Barabanki, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The applicant has not been arrested from the spot and his name has surfaced in the confessional statement of the co-accused person. Identically placed co-accused namely, Zubair, has been granted bail by a co-ordinate Bench of this Court, vide order dated 06.12.2023 passed in Criminal Misc. Bail Application No. 14342 of 2023.

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It is next submitted that applicant is languishing in jail in this case since 30.10.2023. Criminal history of 11 cases has been explained in para no. 13 of the bail application and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and he is having long criminal history and, therefore, he is not entitled to be released on bail

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Having heard learned counsel for the parties and having perused the record, it is reflected from the record that identically placed co-accused, namely, Zubair, has been granted bail by a co-ordinate Bench of this Court. The co-accused Zubair was also having criminal history of 10 cases. Nothing has been placed before this Court which may suggest that applicant is a convict. The charged offences against the applicant are triable by Magistrate. Criminal history of the applicant has been adequately explained. Applicant is languishing in jail in this case since 30.10.2023 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Hashim @ Baggha involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 11.1.2024/Praveen

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

Hashim @ Baggha v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Dist. Lko

Case brief

What is this about?

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Hashim @ Baggha v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Dist. Lko

Case brief

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What did the court decide?

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