Allowed

Nadeem and 2 Others v. State of U.P.

Allahabad HC16 Dec 2021BAIL/35626/2021

Case brief

AI extract

What is this about?

Court allowed bail in a criminal trial case under Section 307/482 IPC for three applicants. The order relied on the gravity of injuries (simple), parity with a co-accused already on bail, and false implication claims, without expressing an opinion on the merits.

What did the court decide?

Applicants released on bail on personal bonds and two sureties each under conditions to not tamper with evidence, cooperate with trial, and avoid criminal activities.

Nadeem and 2 Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35626 of 2021

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Applicant :- Nadeem And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 205 of 2021, under Section 307/482 of I.P.C. registered at P.S.- Didoli, District- Amroha.

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Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case. Names of the applicants have been surfaced in the confessional statement of co-accused Imran and Fahim. Nothing has been recovered from the possession of the applicants. The recovery shown against the applicants in the recovery memo, is false and fabricated. There is no independent witness in the present case. Further submitted that in the alleged incident of firing constable Rahul sustained injuries which are simple in nature and on non vital organ of the body. Further submitted that the co-accused Faim @ Mota has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 35826 of 2021 vide order dated 08.10.2021 and claimed parity. They are languishing in jail since 04.06.2021.

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Per contra, learned A.G.A. opposed the prayer for bail.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the injuries sustained to injured are simple in nature and on non vital organ of the body and on the ground of parity, without expressing any opinion on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicants Nadeem, Faijan and Rais involved in the aforesaid case crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants shall not tamper with the evidence or threaten the witnesses.

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The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, they shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 16.12.2021 VPS

Nadeem and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nadeem and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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