Nizamuddin @ Raju Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Nizamuddin @ Raju Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Nizamuddin @ Raju on bail in Case Crime No. 210/2018 (Section 3/25 Arms Act, P.S. Kotwali Utraula, District Balrampur) on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence; no pressurizing prosecution witnesses; appearance on each date fixed by the trial court unless exempted.

Issue for consideration

Whether the applicant, languishing in jail since 19.08.2018 (almost seven years) for an offence carrying a maximum sentence of imprisonment up to seven years, with not a single prosecution witness examined till date, is entitled to be released on bail.

Court's answer

Considering that the applicant is languishing in jail since 19.08.2018, the alleged offence carries a maximum sentence of imprisonment up to seven years, the applicant has already spent almost seven years in custody, and not even a single prosecution witness has been examined till date, the court holds — without making any observation affecting the merits — that the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed: applicant Nizamuddin @ Raju is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless exempted.

Detailed headnote1 paragraphs

Bail — Arms Act, Ss. 3/25 — prolonged incarceration. Applicant (Nizamuddin @ Raju), accused in Case Crime No. 210/2018, Police Station Kotwali Utraula, District Balrampur, had remained in custody since 19.08.2018 — almost seven years, approximating the maximum sentence of seven years carried by the alleged offence — with not even a single prosecution witness examined till date. The Additional Government Advocate did not dispute these facts. Holding the applicant entitled to bail without any observation affecting merits, the Allahabad High Court (Lucknow Bench) allowed the bail application, ordering release on a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence, no pressurizing prosecution witnesses, and attendance on every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:45189

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3520 of 2025

Applicant :- Nizamuddin @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vipin Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Vipin Kumar Mishra, learned counsel for the applicant, and Sri Ashok Kumar Srivastava, learned AGA for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 210/2018, under Section 3/25 Arms Act, Police Station Kotwali Utraula, District Balrampur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2018, alleging that three persons riding on a motorcycle were intercepted by the police. Two persons escaped, but the applicant was hit by a gunshot fired by the police, and he was arrested. A pistol was recovered from the applicant. The applicant has been languishing in jail since 19.08.2018. He has already spent almost seven years in custody, and not even a single prosecution witness has been examined till date. The alleged offence carries a maximum sentence of imprisonment up to seven years.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and did not dispute this fact that the alleged offence carries a maximum sentence of imprisonment up to seven years and the applicant has already spent almost seven years in custody, and not even a single prosecution witness has been examined till date.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 19.08.2018 and the alleged offence carries a maximum sentence of imprisonment up to seven years and the applicant has already spent almost seven years in custody, and not even a single prosecution witness has been examined till date; without making any observation which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Accordingly, this bail application stands allowed.

Let the applicant- Nizamuddin @ Raju be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

[Subhash Vidyarthi,J.]

Order Date :- 4.8.2025 Arvind

Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench