Allowed

Moin and Another v. State of U.P. Thru. Prin Secy. Home Lko.

Allahabad HC27 Aug 2024BAIL/9085/2024

Case brief

AI extract

What is this about?

This bail application was disposed of by the Allahabad High Court, Lucknow Bench. The court allowed the applicants' plea for enlargement on bail based on the principle of parity, as a co-accused in the identical case had already been released. The court ordered their release subject to a personal bond with two sureties of Rs.20,000 each and specific undertaking conditions.

What did the court decide?

Applicants to be released on bail with a personal bond and two sureties of Rs.20,000 each.

Moin and Another vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58001

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9085 of 2024

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Applicant :- Moin And Another Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicants, learned AGA and perused the record.

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2. The applicants seek enlargement on bail in FIR No.111 of 2024,, under Section 304, 506, 504, 147, 323, 336 of IPC P.S. Hargaon, District Sitapur.

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3. Learned counsel for the applicants argues that co-accused was enlarged on bail vide order dated 25.07.2024 and the allegations against the applicant were similar to the said co-accused. In the case against the applicant, the recovery allegedly shown is not in the presence of independent witnesses.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the co-accused has been enlarged on bail and the allegations against the applicant are similar to the said co-accused, the applicants are entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.

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6. Let the applicants Moin and Saddam be released on bail in aforesaid FIR number on their furnishing a personal bond with two sureties of Rs.20,000/each to the satisfaction of court concerned with the following conditions:

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(a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

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(c) The applicants 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 :- 27.8.2024 nishant

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

Moin and Another v. State of U.P. Thru. Prin Secy. Home Lko.

Case brief

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Moin and Another v. State of U.P. Thru. Prin Secy. Home Lko.

Case brief

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