Allowed

Naseem v. State of U.P.

Allahabad HC6 Oct 2023BAIL/38482/2023

Case brief

AI extract

What is this about?

In a bail application under CrPC, the Allahabad High Court allowed the applicant's release on bail in a criminal trial case involving Sections 323, 324, 325, 326, 504, and 308 IPC, accepting the counsel's submissions without commenting on merits.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions of appearing in court and not tampering with evidence.

Naseem Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192487

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38482 of 2023

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Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.133 of 2022, under Sections 323, 324, 325, 326, 504, 308 IPC, Police Station Sirsaganj, District Firozabad, during the pendency of trial.

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Learned counsel for the applicants submits that the applicant is innocent and has falsely been implicated in this case for the reason that wife of the applicant had lodged an FIR against the family members of the informant and in revenge this false and fabricated case has come into picture. It is also contended that the role to cause grievous injury has been assigned to rest of the accused persons not to the present applicant. There is no previous criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 13.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the facts, circumstances of the case and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Naseem , 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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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Order Date :- 6.10.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Naseem v. State of U.P.

Case brief

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Naseem v. State of U.P.

Case brief

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