Allowed

Nizam Quraishi v. State of U.P.

Allahabad HC7 Sept 2022BAIL/35915/2022

Case brief

AI extract

What is this about?

In Criminal Miscellaneous Bail Application No. 35915 of 2022, the Allahabad High Court allowed bail for Nizam Quraishi, who was accused of offences under Sections 147, 307 IPC, and others. The court held that the applicant had made out a case for bail, emphasizing his innocence and lack of antecedents while imposing strict conditions.

What did the court decide?

Release on bail with a personal bond and two sureties, each in like amount, subject to specific conditions to prevent tampering and ensure trial cooperation.

Nizam Quraishi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35915 of 2022

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Applicant :- Nizam Quraishi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 43 of 2022, registered under Sections 147, 148, 149, 153, 307, 323, 336, 153-A, 504, 506, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Bekanganj, District Kanpur Nagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the FIR; the applicant has been falsely dragged in the present case with mala fide intention. There is no evidence of CCTV footage. The applicant has no previous criminal antecedents. The applicant is languishing in jail since 25.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Nizam Quraishi, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.08 17:55:34 IST Reason: Location: High Court of Judicature at Allahabad

Nizam Quraishi v. State of U.P.

Case brief

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Nizam Quraishi v. State of U.P.

Case brief

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