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2025 DAILYLAW 132585 (ALL)

NIZAMUDDIN @ RAJU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/3528/2025 · 2025-08-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45217 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3528 of 2025 Applicant :- Nizamuddin @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vipin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vipin Kumar Mishra, learned counsel for the applicant, and Sri Ashok Kumar Srivastava, learned AGA for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 208/2018, under Sections 392 and 411 I.P.C., Police Station Kotwali Utraula, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.08.2018, alleging that the informant was returning from Sadullah Nagar by his Motor Cycle No. U.P.-47, S-3194, three unknown person were standing on the road and they have looted his Motor Cycle, Rs, 20,000/- cash and one mobile at about 10.30 p.m.. The applicant has been languishing in jail since 19.08.2018. The offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only a single prosecution witness has been examined till date. 4. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and did not dispute this fact that the offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only a single prosecution witness has been examined till date. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 19.08.2018 and the offence alleged carries a maximum sentence of imprisonment up to ten years, whereas the applicant has already completed about seven years in custody and during this period only a single prosecution witness has been examined till date; without making any observation which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail. 6. Accordingly, this bail application stands allowed. 7. Let the applicant- Nizamuddin @ Raju 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi,J.] Order Date :- 4.8.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench