Nizamuddin @ Raju vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:45215

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3523 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.

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Hon'ble Subhash Vidyarthi,J.

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

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209/2018, under Section 307 I.P.C., Police Station Kotwali Utraula, District Balrampur.

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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. 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. 4. 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.

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Having considered the aforesaid facts and circumstances of

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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.

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Accordingly, this bail application stands allowed.

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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:-

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

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

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(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.

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[Subhash Vidyarthi,J.]

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Order Date :- 4.8.2025 Arvind

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

Nizamuddin @ Raju v. State of U.P. Thru. Prin. Secy. Home Lko

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Nizamuddin @ Raju v. State of U.P. Thru. Prin. Secy. Home Lko

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