INZMAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/5748/2025 · 2025-07-04
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148419 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148419 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37959 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5748 of 2025 Applicant :- Inzmam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rahul Srivastava,Subham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Learned A.G.A. has filed counter affidavit today in Court. The same is taken on record. 2. Heard Sri Rahul Srivastava, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 3. As per learned counsel for the applicant, the present applicant (Inzmam) is languishing in jail since 09.04.2025 in Case Crime No. 54/2025, under Sections 69, 352, 351(3) B.N.S., Police Station, Baba Bazar, District Ayodhya. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against four accused persons including the present applicant. The present applicant has not established any physical relation with the prosecutrix on the pretext of false promise of marriage, as much as the prosecutrix is his relative and elder to two years. The prosecutrix was pressurizing the applicant to marry with her, but the applicant denied for such marriage as he was not in a position to marry on account of his financial constraints. Even otherwise, the incident in question is two and half months old, but the F.I.R. has been lodged without explaining the delay. 6. Learned counsel for the applicant has further submitted that the charge-sheet has been filed in this case. There is no criminal history of any kind whatsoever against the present applicant. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings
properly. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8.
Having heard learned counsel for the parties and having perused the material available on record; considering the fact that in the F.I.R. has been lodged without explaining the delay; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceeding properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Inzmam) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient
cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 4.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench