Dismissed

Nazim v. State of U.P.

Allahabad HC21 Nov 2025BAIL/41100/2025

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS in a case of fatal assault. The applicant was named in the FIR and an injured eyewitness assigned him a role of assault on the deceased; medical evidence corroborated the prosecution case. The court found no ground for bail and rejected the application.

What the court decided

AI extract

Nazim vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41100 of 2025

¶2

Nazim

¶3

.....Applicant(s)

¶4

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Manoj Kumar Singh, Nitish Kumar Singh Counsel for Opposite Party(s): G.A. Court No. - 66

¶5

HON'BLE SAMIT GOPAL, J.

¶6

1. List revised.

¶7

Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Triveni Sharan Rai, learned counsel for the State and perused the material on record.

¶8

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Nazim , seeking enlargement on bail during trial in connection with Case Crime No. 417 of 2025, under Sections 110, 115(2), 352, 105 B.N.S., Police Station Surajpur, District Gautam Buddh Nagar.

¶9

The first information report of the present matter was lodged on 22.07.2025 by Ranjeet against the applicant alleging therein that on 21.07.2025 in the morning when his younger brother Rahul and his friend Manoj Prasad had a quarrel with Nazim and they hurled abuses at each other after which in the evening Nazim with deception had a fight with his brother and his friend in the evening in which his brother and his friend had received many injuries. A report be lodged and action be taken. The first information report further states that Ranjeet came at the police station and gave a report and stated that Nazim has assaulted his brother and his friend Manoj Prasad

¶10

Initially a report was lodged on 22.07.2025 as N.C.R. No. 118 / 2025, under Sections 115(2), 352 B.N.S. Manoj Prasad in an injured condition was taken to Devdhar Hospital where after treatment he

¶11

BAIL No. 41100 of 2025

¶12

¶13

was sent back home. On 22.07.2025 the case was converted into a regular first information report under Sections 110, 115(2), 352 B.N.S. On 22.07.2025 Manoj Prasad was admitted in Green City Hospital where during treatment he died on 25.07.2025.

¶14

The postmortem examination of Manoj Prasad was conducted on 26.07.2025 wherein the doctor found 02 stitched wounds and a contusion on his body and the cause of death was opined as shock due to hemorrhage due to injuries.

¶15

In so far as Rahul is concerned, it s alleged by the prosecution that he had also received injuries in the said incident but Dr. Mahmood the Medical Officer of Devdhar Hospital during investigation stated that Rahul went to the hospital where he was given first-aid and no MLC was prepared in the hospital. He further stated that the injuries received by Rahul were simple in nature.

¶16

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the injuries as received by Manoj Prasad do not match with the statement given by Raul of the present incident. It is further submitted that the first informant Ranjeet is not an eye-witness of the incident. It is submitted that the story of the prosecution is concocted. It is further submitted that although in the present matter the applicant is the sole accused named in the first information report but the same is on account of suspicion only. It is submitted that subsequently Rahul in his statement during investigation has changed the prosecution version and has given a different version of the incident. It is submitted that the applicant is involved in 02 cases in which he is on bail, paragraph 23 and Annexure-10 being the bail orders have been placed before the Court. The applicant is in jail since 23.07.2025.

¶17

Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report. The applicant has been assigned role of assault upon the deceased Manoj Prasad and the injured Rahul. It is submitted that in the present case Rahul is an injured eye-witness who has supported the prosecution version. It is submitted that specific role has been assigned by Rahul of assault on the applicant

¶18

BAIL No. 41100 of 2025

¶19

¶20

and Ramveer on the deceased. It is submitted that the injuries as received by the deceased corroborate with the prosecution story. It is submitted that the applicant is involved in a total of 04 criminal cases out of 02 cases have been explained in paragraph 23 and 01 case is the present case whereas the other case has not been disclosed and explained. It is submitted that the prayer for bail be rejected.

¶21

After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. In the present matter one person Manoj Kumar has received injury and died. Rahul is an injured witness. The injured witness has given role of assault upon the deceased to the applicant and one other co-accused. The medical examination of the deceased corroborates with the prosecution case. No ground for bail is made out.

¶22

Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

¶23

Pending application (s), if any, shall stand disposed of.

¶24

November 21, 2025 AS Rathore

¶25

(Samit Gopal,J.)

¶26

Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Nazim v. State of U.P.

Case brief

What is this about?

What the court decided

Nazim v. State of U.P.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Irfan Solanki vs State of U.P. and Another

Narendra Singh and Another vs State of U.P. and Another

Dr. Vijaypal Singh vs State of U.P.

Shaikul vs State of U.P. and 3 Others

Hanuman Ram vs State of U.P. and 3 Others

Khurshida vs State of U.P.