Allowed¶11

Mohammad v. State of U.P.

Allahabad HC2 Apr 2025BAIL/8196/2025

Case brief

AI extract

What is this about?

Bail allowed on parity - CRIMINAL MISC. BAIL APPLICATION No. 8196 of 2025 - Case Crime No. 268 of 2024, Ss. 3/5/8 Cow Slaughter Act, P.S. Kandhrapur, Distt. Azamgarh - co-accused Wasim and Niyajuddin bailed on 20.3.2025 in Crl. Misc. Bail Appn. No.43634 of 2024 - AGA did not dispute parity - custody since 24.9.2024 - criminal history of three cases - conditions incl. S. 229-A IPC, S. 82 Cr.P.C. proclamation, S. 174-A IPC, S. 313 Cr.P.C. presence - Siddharth, J., High Court of Judicature at Allahabad, order dated 2.4.2025.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions imposed by the Court; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

Mohammad vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the applicant Mohammad is entitled to be released on bail in Case Crime No. 268 of 2024 under Sections- 3/5/8 of Cow Slaughter Act, Police Station Kandhrapur, District Azamgarh, during pendency of trial.

¶8

Ratio / Principle

Bail allowed: the applicant is directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions imposed in the interest of justice.

¶11

Key takeaways

Claim of parity accepted: learned AGA opposed the bail prayer but did not dispute the parity claim based on bail granted to co-accused Wasim and Niyajuddin.ratio¶10
Bail granted subject to five conditions (including no tampering with evidence or threatening witnesses, presence before the Trial Court on fixed dates, and appearance at opening of case, framing of charge and Section 313 Cr.P.C. examination); breach of any condition shall be a ground for cancellation of bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Siddharth, J.) allowed the bail application of Mohammad in Case Crime No. 268 of 2024 under Sections- 3/5/8 of Cow Slaughter Act, Police Station Kandhrapur, District Azamgarh. Bail was granted on parity: co-accused Wasim and Niyajuddin had been granted bail by the same Court on 20.3.2025 in Criminal Misc. Bail Application No.43634 of 2024, and learned AGA, while opposing the prayer, did not dispute the claim of parity. The applicant was languishing in jail since 24.9.2024 and had a criminal history of three cases. Release ordered on a personal bond and two sureties each in the like amount, subject to conditions: no tampering with evidence or threatening witnesses; undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on every date (personally or as directed), failing which proceedings may follow under Section 229-A IPC and Section 174-A IPC after proclamation under Section 82 Cr.P.C.; personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; breach of any condition to be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties to be verified before bonds are accepted.

¶1

Neutral Citation No. - 2025:AHC:45765

¶2

Court No. - 47

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8196 of 2025

¶4

Applicant :- Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Kuber Singh Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Siddharth,J.

¶6

Supplementary affidavit filed today is taken on record.

¶7

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

¶8

The instant bail application has been filed on behalf of the applicant, Mohammad, with a prayer to release him on bail in Case Crime No. 268 of 2024, under Sections- 3/5/8 of Cow Slaughter Act, Police Station- Kandhrapur, District- Azamgarh during pendency of trial.

¶9

Learned counsel for the applicant has contended that the co-accused, Wasim and Niyajuddin, have been granted bail by this Court on 20.3.2025 in Criminal Misc. Bail Application No.43634 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 24.9.2024 and he has criminal history of three cases to his credit.

¶10

Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

¶11

Let the applicant involved in aforesaid case be released on bail 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:-

¶12

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶13

(ii) 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.

¶14

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

¶15

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

¶16

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶17

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

¶18

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

¶19

Order Date :- 2.4.2025 Ruchi Agrahari

¶20

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shailu Pandit vs State of U.P.

Shakeel Afzal vs State of U.P.

Umesh vs State of U.P.

Shankar Singh vs State of U.P.

Deepak Rathor @ Rahul vs State of U.P.

Satindra Pal Alias Sonu vs State of U.P.