Allahabad High Court
Nazmul Khan vs State Of U.P. on 8 March, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- BAIL No. - 7150 of 2020 Applicant :- Nazmul Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.555 of 2019, under Sections 323, 302 I.P.C., Police Station Laharpur, District Sitapur, with the prayer to enlarge him on bail The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the present case, he is having no criminal history and is in jail since 08.11.2019.
Learned counsel for the applicant submitted that on 05.11.2019, some dance program was going on in the village. He also stated that Zami Ahmad Khan, Waseeq Khan and Maroof Khan also visited the program and thereafter they came to the house of the applicant and in the mid-night, they tried to outrage the modesty of the sister of the applicant. On her alarm, one person Maroof Khan ran away and two persons were caught on the spot and they were beaten by the villagers, as a result, Waseeq Khan died. He also submitted that accused persons were handed over to the police but due to political influence, F.I.R. was registered against the applicant and others on the written complaint of Zami Ahmad Khan as Case Crime No.555 of 2019 under Sections 323, 302 IPC, P.S. Laharpur, District Sitapur. Learned counsel for the applicant also submitted that on the complaint of the sister of the applicant under Section 156 Cr.P.C., the case was registered as Case Crime No.261 of 2020 under Sections 376D, 506 I.P.C., P.S. Laharpur, District Sitapur and he also submitted that the accused persons are in jail in relation to Case Crime No.261 of 2020 (Supra).
Learned A.G.A. has opposed the prayer of bail of the applicant but he conceded the fact that F.I.R. on the complaint of sister of the applicant is also registered. He also submitted that due to beating given by the applicant and villagers, the deceased died and other persons received injuries.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Nazmul Khan be released on bail in the aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court;
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.3.2021 Shanu/-