Allowed

Mohammad Miya v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Sept 2024BAIL/9783/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed on grounds of parity with a co-accused. Applicant to furnish personal bond and two sureties and adhere to conditions regarding tampering with evidence, witness intimidation, adjournments, and court appearances.

What did the court decide?

Applicant to be released on bail subject to personal bond and two sureties; conditions imposed regarding evidence tampering, witness intimidation, adjournment-seeking, and court appearance.

Mohammad Miya 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:64878

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9783 of 2024

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Applicant :- Mohammad Miya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Kumar Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary affidavit filed today is taken on record.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.364/2024, under Sections 303(2)/317(2) of BNS and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Tadiyawan, District Hardoi.

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Learned counsel for applicant submits that co-accused Mohammad @ Md. Ahmad who has been assigned the similar role has been granted bail by this Court vide order dated 17.09.2024 passed in Criminal Misc. Bail Application No.9841 of 2024. The role of the present applicant is similar to that of co-accused. Applicant is languishing in jail since 16.07.2024. Applicant has explained the criminal history of five cases.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.07.2024, offences are triable by magistrate so also the fact that applicant seeks parity with the bail order of coaccused Mohammad @ Md. Ahmad(supra), without expressing any opinion on merits of the case, I find it to be a fit case for

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enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the grounds of parity .

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Let the applicant Mohammad Miya be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the

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court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 19.9.2024 Saurabh Yadav/-

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

Mohammad Miya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Mohammad Miya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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