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2025 DAILYLAW 189697 (ALL)

NADEEM v. STATE OF U.P.

BAIL/33070/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33070 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Ashish Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.973 of 2024, under Section- 109 BNS, Police Station-Baghpat, District-Baghpat, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that it is a case of firing on police party and no one was seriously injured. No specific role has been assigned to any of the co-accused persons and recovery of Rs.16,000/- has been shown from the applicant. It is further submitted that co-accused Amir, Fardeen and Shoaib, had already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos.4610 of 2025, 14548 of 2025 and 12799 of 2025 vide orders dated 23.04.2025, 01.05.2025 and 05.05.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained the criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 24.11.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Ashish Pandey Counsel for Opposite Party(s) : G.A. Nadeem .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Nadeem, involved in the aforementioned crime be released on bail, 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. October 15, 2025 S.C. BAIL No. 33070 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad