Allowed

Nadeem v. State of U.P.

Allahabad HC26 Sept 2022BAIL/31365/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Nadeem in a case under the U.P. Gangster and Anti-Social Activities Prevention Act, 1986. The applicant was released on bail subject to furnishing a personal bond of Rs. 50,000 and two sureties of equal amount.

What did the court decide?

Applicant released on bail on furnishing a personal bond of Rs. 50,000 and two sureties each in the like amount.

Nadeem Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 81

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31365 of 2022

¶3

Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- C.D.Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mohd. Azhar Husain Idrisi,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 82 of 2022, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act 1986, Police Station Mirzapur, District Saharanpur.

¶7

Learned counsel for the applicant submits that in the gang-chart two cases have been mentioned against the applicant in which he has been enlarged on bail by the court below which have been explained in Paragraph- 5 of the affidavit. Apart from the cases mentioned in the gang-chart one more case is registered against the applicant. He further submits that co-accused Salman and Noman have been granted bail by co-ordinate Bench of this Court vide orders dated 19.07.2022 & 15.07.2022 in Criminal Misc. Bail Application Nos. 26748 of 2022 & 23918 of 2022, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 05.07.2022.

¶8

Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.

¶9

Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

¶10

Let the applicant- Nadeem be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court below. The following conditions be

¶11

imposed in the interest of justice:-

¶12

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

¶13

(ii) The applicant will not influence any witness.

¶14

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

¶15

(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.

¶16

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

¶17

Order Date :- 26.9.2022 Israr

¶18

Digitally signed by ISRAR AHMAD Date: 2022.10.10 10:34:06 IST Reason: Location: High Court of Judicature at Allahabad

Nadeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nadeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Akal Chand Vs Sugan Chand and Another

Idrish and Another Vs State of U.P.

Abhimanu and Others Vs State of U.P.

Aditya Vs State of U.P. though it Principal Secretary (Home)

Sudhir Kashyap Vs State of U.P.

Rohit Singh and Another Vs State of U.P.