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 the applicant Nizamuddin @ Raju on bail in Case Crime No. 208/2018 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to 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.

Issue for consideration

Whether the applicant, Nizamuddin @ Raju, arraigned under Sections 392 and 411 I.P.C. (offence carrying a maximum sentence of imprisonment up to ten years) who has completed about seven years in custody since 19.08.2018 with only a single prosecution witness examined till date, is entitled to be released on bail.

Court's answer

Having considered the facts and circumstances, and keeping in view that the applicant is languishing in jail since 19.08.2018, that the offence carries a maximum sentence of imprisonment up to ten years, that the applicant has already completed about seven years in custody and that only a single prosecution witness has been examined till date, and without making any observation affecting the merits of the case, this Court holds the applicant entitled to be released on bail.

Detailed headnote1 paragraphs

Bail ALLOWED by Justice Subhash Vidyarthi (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 13; neutral citation 2025:AHC-LKO:45217; order dated 04.08.2025) in Criminal Misc. Bail Application No. 3528 of 2025 of applicant Nizamuddin @ Raju, booked under Case Crime No. 208/2018, Sections 392 and 411 I.P.C., Police Station Kotwali Utraula, District Balrampur, on the basis of an F.I.R. lodged 18.08.2018 alleging robbery of the informant's motor cycle, Rs 20,000/- cash and a mobile phone by three unknown persons. Deciding ground: the offence carries a maximum sentence of imprisonment up to ten years, the applicant has languished in jail since 19.08.2018 (about seven years in custody) and only a single prosecution witness has been examined till date; the learned Additional Government Advocate opposed the prayer but did not dispute these facts. Bail granted on personal bond and two sureties each in the like amount, subject to conditions: not to tamper with prosecution evidence, not to pressurize prosecution witnesses, and to appear on every trial-court date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:45217

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3528 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. 208/2018, under Sections 392 and 411 I.P.C., Police Station Kotwali Utraula, District Balrampur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.08.2018, alleging that the informant was returning from Sadullah Nagar by his Motor Cycle No. U.P.-47, S-3194, three unknown person were standing on the road and they have looted his Motor Cycle, Rs, 20,000/- cash and one mobile at about 10.30 p.m.. The applicant has been languishing in jail since 19.08.2018. The offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only a single prosecution witness has been examined till date.

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 offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only 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 offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only 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