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2025 DAILYLAW 185780 (ALL)

MOHAMMAD NASEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETT. LKO.

BAIL/6758/2023 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6758 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms. Deepti Gupta, Advocate, who has been appointed amicus curiae by this Court, and Sri Sumit Kumar, learned counsel for the applicant, learned AGA and perused the office report from the trial court. 2. The applicant seeks enlargement on bail in FIR No. 93 of 2022, under Sections 302, 201, I.P.C., P.S. Safdarganj, District Barabanki. 3. Learned counsel for the applicant argues that allegations were leveled that the daughter of the informant was killed by the applicant, who is husband of the deceased. It was also stated that skeleton of the deceased was recovered and was identified by the clothes on the body, to be the daughter of the informant. Allegations were leveled against the applicant and entire family members. Learned counsel for the applicant also argued that the applicant is in custody since 09.03.2022 and only four prosecution witnesses have been examined so far. The applicant has no criminal antecedents. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, particularly the pre-trial detention of more than three-and-a-half years suffered by the applicant, coupled with the fact that he has no criminal antecedents; only four prosecution witnesses have been examined, there is nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely effect Versus Counsel for Applicant(s) : Dinesh Kumar Shukla, Deepti Gupta, Sumit Kumar Counsel for Opposite Party(s) : G.A., Dev Mani Mishra, Ramkripal Yadav Mohammad Naseem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. .....Opposite Party(s) the trial, and there being no likelihood of the trial being concluded in near future, however, without commenting upon the merits of the case, the aplicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohammad Naseem be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. 7. For the services rendered by the amicus curiae, she is appreciated and she would be entitled to an amount of Rs. 11000/- (Eleven thousand only) to be paid by the Senior Registrar of this Court from the funds available. October 30, 2025 A.Nigam BAIL No. 6758 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench