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2025 DAILYLAW 194284 (ALL)

NADEEM AND 2 OTHERS v. STATE OF U.P.

BAIL/27507/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27507 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Praveen Kumar Mishra, learned counsel for the applicants, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and Sri Maohammd Nadeem, learned counsel for the informant and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.420 of 2024, under Sections 323, 504, 506, 325, 308 I.P.C., Police Station- Kannauj, District- Kannauj. 3. Contention of learned counsel for the applicants is that specific allegation has been made against the Muharram by the injured for causing injuries. However, no specific role has been assigned to the applicants. The applicants have no criminal history except the applicant no.1 Nadeem, which is petty in nature and they are languishing in jail since 16.07.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, all the offences in the present case punishable upto 7 years, therefore, they are entitled to be enlarged on bail. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. for the State and learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties keeping in view the nature of Versus Counsel for Applicant(s) : Mohammad Sabauddin Ansari, Praveen Kumar Mishra Counsel for Opposite Party(s) : G.A., Maohammd Nadeem Nadeem And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Nadeem, Tajkirul and Shamshad involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 Imtiyaz BAIL No. 27507 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad