Allowed

Nazimuddin v. State of Up

Allahabad HC26 Jul 2024ABAIL/7262/2024

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Allahabad High Court granted bail to the applicant till the submission of the police report under Section 173(2) Cr.P.C. The court noted a lack of sufficient ingredients to constitute the offence of abetment to suicide and the applicant's lack of criminal antecedents, ordering expedited investigation.

What did the court decide?

Grant of anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond with two sureties.

Nazimuddin vs State of Up — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126124

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7262 of 2024

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Applicant :- Nazimuddin Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA. Perused the material available on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 358 of 2023, under sections 306, 506 IPC, Police Station Mohammadabad Gohna, District- Mau.

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Counsel for the applicant submits that the applicant is the father of the deceased and has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of the police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the allegations in the FIR, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Nazimuddin be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 6.8.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Nazimuddin v. State of Up

Case brief

What is this about?

What did the court decide?

Nazimuddin v. State of Up

Case brief

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