Allowed

Naushad v. State of U.P.

Allahabad HC13 Oct 2022BAIL/38910/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant Naushad who was in custody but not named in the FIR. The court accepted arguments regarding innocence and false implication, relying on Apex Court dicta and finding sufficient grounds for bail.

What did the court decide?

Applicant released on bail by personal bond and two heavy sureties subject to conditions regarding tampering, intimidation, appearance, and committing similar offences.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38910 of 2022

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Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He has no concern with the present matter. Alleged offences are not made out against the applicant. The allegations made in the F.I.R. are false. Applicant has been languishing in jail since 6.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail.

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It appears from the perusal of record that the applicant is not named in the F.I.R. There is no independent public witness of the alleged recovery. Accused has been languishing in jail since 6.6.2021. Grounds taken in the bail applicant are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, 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 Naushad involved in Case Crime No.82 of 2021 under Sections 382, 411 IPC, Police Station Badgaon, District - Saharanpur be released on bail on furnishing a personal bond and two heavy 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 will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

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to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.

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Order Date :- 13.10.2022 ss

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Digitally signed by SANDEEP SHARMA Date: 2022.10.14 15:27:29 IST Reason: Location: High Court of Judicature at Allahabad

Naushad v. State of U.P.

Case brief

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Naushad v. State of U.P.

Case brief

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