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2025 DAILYLAW 173712 (ALL)

NASEEM ALI @ NASEEB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4371/2025 · 2025-11-15

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4371 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.022 of 2022 under section 302 IPC, P.S. Bijnor, District Lucknow. 3. In terms of the FIR, allegations were levelled that the informant and his brother along with his wife had gone to the house of the sister, who was staying in the neighbourhood, where the brother in law of the informant were in state of intoxication had a fight, which was settled by them and thereafter they came back to home, subsequently, on the next day once- again fight took place in between them and thereafter in the state of intoxication, the co-accused Chhiddu who was also the brother in law of the informant, tried to commit rape on the sister of the informant and thereafter the applicant had killed her. The postmortem report on record indicates four contusion injuries on the body which was resulted in death. 4. The counsel for the applicant argues that the applicant is in custody since 13.02.2022 and four witnesses have already been examined out of the total twenty two. The applicant has no criminal antecedents. 5. Considering the fact that the alleged offence took place in the state of intoxication coupled with the fact that only four out of the twenty witnesses have been examined and there is no likelihood of the trial being Versus Counsel for Applicant(s) : Azizullah Khan, Mohammad Alishah Faruqi, Obaidullah Counsel for Opposite Party(s) : G.A. Naseem Ali @ Naseeb .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) concluded in the near future and the applicant has suffered pretrial detention of three and half years, the applicant is entitled to bail. Thus the bail application is allowed. 6. Let the applicant Naseem Ali @ Naseeb be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 15, 2025 VNP/- BAIL No. 4371 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench