The High Court granted bail to the appellant charged under Sections 411, 414, and 420 of the IPC, dismissing claims of false implication and ordering his release on personal bond with sureties.
Applicant released on bail with a personal bond of Rs. one lakh and two sureties, subject to specific conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43983 of 2017
Applicant :- Nadeem Akhtar Opposite Party :- State Of U.P. Counsel for Applicant :- Mahboob Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mahboob Ahmad Siddiqui, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and recovery which has been shown from the applicant is planted one. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.9.2017. It is further submitted that when the applicant was arrested in the present case then one case under Section 25 Arms Act was also slapped on the applicant.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Nadeem Akhtar involved in Case Crime No.652 of 2017, under Sections 411, 414, 420 I.P.C., Police Station Rasoolpur, District Firozabad be released on bail on his furnishing a personal bond (of Rs. one lakh) with two sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 3.1.2018 Dev/-
1 issue framed by the court
Whether the applicant was falsely implicated and entitled to bail considering the nature of accusation and possibility of tampering with witnesses.
1 provisions across 1 enactments
Nadeem Akhtar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
