Nadeem v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a criminal case involving cheating and forgery, citing parity with co-accused and prima facie satisfaction of the charge, subject to standard bail conditions.
What did the court decide?
The applicant was released on bail on furnishing a personal bond with two sureties.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4908 of 2018
Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Aslam, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Kadir @ Raja and Mahmood having similar role have been granted bail by this Court vide order dated 14.12.2017 and 23.10.2017 in Criminal Misc. Bail Application No. 48835 of 2017 and 33663 of 2017 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 04.07.2017.
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, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Nadeem involved in Case Crime No. 161 of 2017, under Section 395, 412 I.P.C., Police Station Biharigarh, District Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have already been released.
Whether the applicant should be released on bail considering the nature of accusation and prima facie satisfaction of the charge.
Under what conditions the applicant should be released on bail in a case under Sections 395 and 412 IPC.
Parties & counsel
- applicant
Nadeem
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4908/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court