Allowed

Nawab v. State of U.P.

Allahabad HC13 Sept 2022BAIL/26994/2022

Case brief

AI extract

What is this about?

The High Court granted bail to applicant Nawab in Case Crime No. 075 of 2022 under the Arms Act. Relying on parity with co-accused already released and Article 21, the court issued a personal bond with stringent conditions to ensure his appearance and prevent witness tampering.

What did the court decide?

Application allowed; applicant released on bail on furnishing personal bond and two reliable sureties subject to four conditions including non-tampering with evidence and witnesses.

Nawab Vs State of U.P. — Service and Employment | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26994 of 2022

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Applicant :- Nawab Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard Sri Pawan Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.075 of 2022, under Section 5/25 Arms Act, Police Station-Mugalpura, District-Moradabad.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case due to ulterior motive. It is further submitted that as per FIR, illegal arms as well as parts of manufacturing illegal arms were recovered. There is no independent witness to the recovery. Six persons including applicant were arrested by the police. It is further submitted that similarly placed co-accused persons, namely, Mahmood & Mikky and Saim have already been enlarged on bail by this Court by orders dated 29.07.2022 and 20.07.2022 passed in Criminal Misc. Bail Application No.30131 of 2022 and 25594 of 2022. It is further submitted by learned counsel for the applicant that since the role of the applicant is identical to that of co-accused, Mahmood & Mikky and Saim, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 20.05.2022 and in case, the he is released on bail, he will not misuse the liberty of bail.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Having heard the submissions of learned counsel of both sides, keeping in view the fact that other co-accused persons have already been granted bail, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of

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U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Nawab be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 13.9.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.09.13 17:44:07 IST Reason: Location: High Court of Judicature at Allahabad

Nawab v. State of U.P.

Case brief

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Nawab v. State of U.P.

Case brief

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