Naeem v. State of U.P.
Case brief
What is this about?
Application for bail in a kidnapping case. The applicant alleged no specific role and surrendered on bail, the court allowed bail subject to conditions including furnishing a personal bond and two local sureties.
What did the court decide?
The applicant is to be released on bail upon furnishing a personal bond and two local sureties each in the like amount.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3786 of 2021
Applicant :- Naeem Opposite Party :- State of U.P. Counsel for Applicant :- Madhvendra Pratap Singh,Ishwar Chandra Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms. Seema Shukla, learned AGA for the State.
The applicant seeks bail in Case Crime No. 509 of 2020, under Section 364-A IPC, Police Station Deedoli, District Amroha/J.P.Nagar.
It has been argued by learned counsel for the applicant that the applicant is not named in the FIR. No specific role has been assigned to him. The main role has been assigned to co-accused Sukkha and Javed in the alleged kidnapping. It is further contended that the kidnapped person was not recovered from the possession of the applicant. It is next contended that co-accused Noore Nazar has been enlarged on bail by co-ordinate Bench of this Court vide order dated 28.01.2021 in Cr. Misc. Bail Application No. 3608 of 2021. It has lastly been submitted that applicant is languishing in jail since 26.11.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant, who claims no specific role in the abducting and lacks criminal antecedents, is entitled to bail.
Whether the conditions of furnishing a personal bond and sureties are appropriate for the release of the applicant.
Parties & counsel
- applicant
Naeem
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3786/2021
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