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2025 DAILYLAW 185789 (ALL)

NAZIM ALI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/10743/2025 · 2025-11-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10743 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Two supplementary affidavits have been filed by the applicant which are taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.0252 of 2025 under Section 319(2), 318(4), 317(2), 317(4) BNS, Police Station Amethi, District Amethi. Learned counsel for the applicant submits that on the basis of a single recovery, three FIRs have been simultaneously registered against the applicant. The applicant is not named in the FIR. It is further submitted that there is no independent witness to the alleged recovery of the ATM card, which has been shown to be recovered from the ATM itself. The applicant has explained the criminal history of ten cases in paragraph 18 of the bail application. It is further submitted that the offence is triable by the Magistrate, the charge sheet has already been filed, and the applicant is in jail since 03.10.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Nazim Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 03.10.2025, the charge sheet has been filed in the matter, the offence is triable by the Magistrate, the applicant has explained the criminal history of ten cases in the bail application, and prima facie there appears to be no independent witness to the recovery, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Nazim Ali be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 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. (iv) 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. BAIL No. 10743 of 2025 2 (v) 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 of the IPC (now Section 269 BNS). (vi) 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. (now Section 84 BNSS)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 of the IPC (now Section 209 BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 11, 2025 Madhu D.R/P.S BAIL No. 10743 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench