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Neutral Citation No. - 2025:AHC:19997 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46620 of 2024 Applicant :- Nijam Alias Nijamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Arimardan Yadav, earned AGA for the State and perused the record. 2. By means of this bail application, applicant seeks bail in Case Crime No. 259 of 2024, under Sections 363, 120B IPC, Police Station Cantt., District Bareilly, during the pendency of trial. 3. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that the applicant was not named in the FIR and his name surfaced on record on the basis of confessional statement made by co-accused Shekhar Maurya. It is further submitted that the charge sheet has been submitted on 09.10.2024. It is also submitted that applicant has no previous criminal history and he is languishing in jail since 16.07.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. The prayer for bail has been vehemently opposed by learned AGA. 5. Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant -Nijam Alias Nijamuddin involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
8. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad