Allowed

Nazim Nasim Khan @ Naazim Patel v. the State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Allahabad HC20 Jun 2024/6721/2024

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court (Lucknow Bench) allowed the release of the applicant on bail, relying on the principle of parity with co-accused who were previously granted bail in similar FIR No. 3 of 2023 for cheating and forgery offences.

What did the court decide?

The applicant Nazim Nasim Khan was released on bail upon furnishing personal bonds and two reliable sureties of Rs.20,000/– each.

Nazim Nasim Khan @ Naazim Patel Vs the State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43650

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6721 of 2024

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Applicant :- Nazim Nasim Khan @ Naazim Patel Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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The applicant seeks enlargement on bail in FIR No.3 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC and Sections 3 and 6 of the Indian Wireless Telegraphy Act, 1933 and Sections 4, 20, 21, 25 of the Indian Telegraph Act, 1985 and Sections 66, 66D of IT Act, Police Station ATS Gomtinagar, District Lucknow.

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Learned counsel for the applicant has argued that similar allegations were levelled against the applicant as well as co accused Shahid Jamal and Mirza Asad who have been enlarged on bail vide orders dated 25.5.2024 and 18.6.2024 passed by this Court. Thus, the applicant who is languishing in jail since 15.3.2024 having no criminal history, may also be enlarged on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering the reasonings recorded in the bail orders of the co accused coupled with the fact that the allegations against the applicant are similar to the co accused who have been granted bail by this Court and the applicant having no criminal history and languishing in jail since 15.3.2024, is entitled to be released on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant Nazim Nasim Khan @ Naazim Patel be released on bail in the above said first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 to dissuade him from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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Order Date :- 20.6.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Nazim Nasim Khan @ Naazim Patel v. the State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Nazim Nasim Khan @ Naazim Patel v. the State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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