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2025 DAILYLAW 107779 (ALL)

NADEEM ALIAS LUKKA v. STATE OF U.P.

BAIL/42590/2024 · 2025-02-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21957 Reserved On 11.02.2025 Delivered On 17.02.2025 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42590 of 2024 Applicant :- Nadeem Alias Lukka Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State- respondent. 2. By means of this application, applicant Nadeem @ Lukka, who is involved in Case Crime No. 101 of 2024, under Sections 307 IPC, Police Station Bhawan Bahadur Nagar, District Bulandshahr, seeks enlargement on bail during the pendency of trial. 3. The applicant before this Court in the affidavit to the bail application has revealed criminal history of 17 cases, in which most of the cases are under the Prevention of Cow Slaughter Act. The criminal history of the applicant, as given in para 8 of the affidavit to the bail application, are as under : “(1) Case Crime No.101 of 2020, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station: Gulawathi, District: Bulandshahr. (2) Case Crime No.118 of 2020, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station: Gulawathi, District: Bulandshahr. (3) Case Crime No.616 of 2016, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station: Sikandrabad, District: Bulandshahr. (4) Case Crime No.480 of 2019, under Sections 25/4 Arms Act, Police Station: Gulawathi, District: Bulandshahr. (5) Case Crime No.481 of 2019, under Sections 10 Goonda Act, Police Station: Gulawathi, District: Bulandshahr. (6) Case Crime No.204 of 2018, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station: Gulawathi, District: Bulandshahr. (7) Case Crime No.406 of 2018, under Sections 4/25 Arms Act, Police Station: Gulawathi, District: Bulandshahr. (8) Case Crime No.324 of 2020, under Sections 307/414 IPC, Police Station: Gulawathi, District: Bulandshahr. (9) Case Crime No.325 of 2020, under Sections 3/25/27 Arms Act, Police Station: Gulawathi, District: Bulandshahr. (10) Case Crime No.326 of 2020, under Sections 4/25 Arms Act, Police Station: Gulawathi, District: Bulandshahr (11) Case Crime No.373 of 2010, under Sections 20/8 N.D.P.S. Act, Police Station: Gulawathi, District: Bulandshahr. (12) Case Crime No.308 of 2012, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station: Gulawathi, District: Bulandshahr. (13) Case Crime No.528 of 2010, under Sections 4/25 Arms Act, Police Station: Gulawathi, District: Bulandshahr. (14) Case Crime No.535 of 2021, under Sections 8/22 N.D.P.S. Act, Police Station: Gulawathi, District: Bulandshahr. (15) Case Crime No.111 of 2024, under Sections 5A/8 Prevention of Cow Slaughter Act, Police Station: Gulawathi, District: Bulandshahr. (16) Case Crime No.101 of 2024, under Sections 307/411/414 IPC and 3/25 Arms Act, Police Station: Bibinagar, District: Bulandshahr. (17) Case Crime No.190 of 2024, under Sections 307/34/414 IPC and 3/25 Arms Act, Police Station: Gulawathi, District: Bulandshahr." 4. Counsel for the applicant further submits that the other co-accused has already been granted bail by this Court hence he is also entitled to be released on bail on the ground of parity. 5. Learned A.G.A. has vehemently opposed the bail application of the applicant and states that as there are 18 criminal cases, including the present case, having been registered against the applicant, and hence he is not entitled to be released on bail. 6. Having heard counsel for the parties and after perusing the material on record, I find that excluding the present case, the applicant has a long criminal history of 17 criminal cases. Moreover, the applicant cannot be granted parity with the other co- accused as the applicant has a long criminal history of 17 cases whereas the other co-accused whose parity has been sought, does not have any criminal history in his credit. The parity as claim cannot be extended to the applicant as his case is distinguishable from that of other co-accused. 7. Considering the facts and circumstances of the case that releasing the applicant on bail would be a threat to the society at large, no case for bail is made out. 8. Bail application stands rejected. Order Date :- 17.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad