Nibbu Lal Alias Rajesh vs State of U.P.

Neutral Citation No. - 2025:AHC:46016

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9017 of 2025

Applicant :- Nibbu Lal Alias Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Haya Rizvi, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 229 of 2024, under Section 302 IPC, Police Station- Sahibabad, District- Ghaziabad, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to murder of husband of the informant and during investigation, applicant has been made accused in the present matter on the ground that applicant and deceased both were labours and their rooms were close to each other where they resided.

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He further submitted that however, from the statement of the guard Sahabdeen recorded during investigation, which has been annexed at page no. 51 of the paper book, it reflects that in the night of date of the incident some dispute arose between applicant and deceased but merely on this basis, it cannot be said that applicant committed the murder of the deceased. He further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicant, which can connect him with the instant crime.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 27.03.2024 i.e. for last more than a year.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it appears, during investigation applicant has been made accused in the present matter and however, it reflects as per statement of the guard, on the date of incident some dispute arose between applicant and deceased but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of this fact, at this stage, it cannot be said that applicant committed the murder of the deceased.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 27.03.2024 i.e. for last more than a year.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Nibbu Lal Alias Rajesh 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the

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merits of the case during trial.

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Order Date :- 2.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Nibbu Lal Alias Rajesh v. State of U.P.

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