Allahabad High Court
Nazim vs State Of U.P. on 23 January, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 116 of 2023 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin,Zeeshan Zamin Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 176 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153B, 307, 332, 336, 353, 435, 327, 504, 505 (2), 506, 120B I.P.C, Section 3/4 Explosive Substance Act, Section 7 Criminal Law Amendment Act, Section 83(2) Juvenile Justice (Care and Protection) and Section 3/4 of Prevention of Damage of Public Property Act, P.S. Kareli, District Prayagraj, during pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. There are general allegations against 11 named persons and 250 unnamed persons. The applicant was not arrested at the spot. It is next contended that co-accused Faizan, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 40228 of 2022 vide order dated 21.9.2022. The applicant claims parity. The applicant has not been assigned as the principal offender who caused the injuries. Prior to the instant case the applicant does not have any criminal history however, after his arrest he has been implicated in other cases. The applicant is in jail since 11.6.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant, Nazim involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. the applicant shall not temper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witness;
3. the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.1.2023 S.S.