This Single Judge allowed the bail application of Nazeer Ahmad Alias Raju, invoking Article 21 and guidelines from Dataram Singh without expressing a view on the case merits, subjecting him to personal bond conditions.
Released on bail by furnishing a personal bond and two sureties each in like amount subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12859 of 2018
Applicant :- Nazeer Ahmad Alias Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Mir Sayed,Abdul Saleem Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent having married and respective life in the society and having two minor children but due to village party bandi he has falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 18.04.2017 has no other criminal history and no useful purpose will be served if the applicant is behind the bar for some more time. There is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
On 16.07.2018 this court had directed the State to file an affidavit stating what efforts have been made about the recovery of the victim. The court has perused the counter affidavit filed by the State on 13.08.2018 in which it has been mentioned that since 18.02.2017 to 06.07.2017 the Investigating Officer namely Satya Narayan Shukla made several efforts for recovery of the victim but the same has not yet been recovered. On 09.07.2017 Sri Yogendra Singh was handed over the charge of investigation and he constituted a team for recovery of victim comprising of one Inspector, one Sub-Inspector and two Constables. It is averred by the State that the police team is making all efforts for recovery of the victim and it is expected that the victim will be recovered soon.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v.
State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Nazeer Ahmad Alias Raju be released on bail in Case Crime No. 131 of 2017, under Sections 363, 366 IPC, Police Station- Mughal Sarai, District- Chandauli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 13.9.2018 Arti
2 issues framed by the court
Whether the learned Single Judge is satisfied to grant bail under the larger mandate of Article 21 of the Constitution of India.
Whether the applicant will remain present on each and every date fixed after release.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Nazeer Ahmad Alias Raju
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
