Allowed

Nijamuddin v. State of U.P.

Allahabad HC25 Apr 2023BAIL/5392/2022

Case brief

AI extract

What is this about?

This is the second bail application by Nijamuddin involved in an IPC case under Sections 307, 323-326, 506. The High Court allowed bail on a personal bond with sureties, despite an unfinished trial, by imposing strict conditions to prevent abuse of bail and ensure availability for trial dates.

What did the court decide?

The applicant Nijamuddin is released on bail on furnishing a personal bond with two sureties in like amounts, subject to conditions to ensure trial attendance and prevent abuse of bail liberty.

Nijamuddin Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5392 of 2022

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Applicant :- Nijamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 02.02.2021.

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It has been contended by the learned counsel for the applicant that the first bail application was rejected on 02.02.2021 with specific direction that the trial be concluded expeditious preferably within a period of six month but the same is still pending. There is no likelihood of early conclusion of the trial. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 06.07.2019.

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Learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for bail.

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Considering the gravity of the case as well as the order passed by this Court in the case of co-accused, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Nijamuddin , involved in Case Crime No.118 of 2019, under Sections 307, 323, 324, 325, 326, 506 I.P.C., Police Station Sherkot, District Bijnor be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 25.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Nijamuddin v. State of U.P.

Case brief

What is this about?

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Nijamuddin v. State of U.P.

Case brief

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