NAIEEM AHMAD @ NAMAN JOSHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/7674/2025 · 2025-10-13
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203523 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7674 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the fourth bail application on behalf of the applicant who seeks enlargement on bail in FIR No.1062 of 2018, under Section 323, 506, 376, 494, 377 IPC & Section 5m/6 of POCSO Act, P.S. Gazipur, District Lucknow. 3. First bail application of the applicant was rejected on 15.11.2019, second bail application was rejected on 21.09.2022 and third bail application was rejected on 13.08.2024. While rejecting the third bail application, directions were issued for ensuring presence of witnesses so that the trial can be expedited. 4. While arguing the present fourth bail application, learned counsel for the applicant argues that the applicant is in custody since 25.03.2021 and has suffered pre-trial detention of more than 4 and 1/2 years. It is argued that main witnesses i.e. the victims, have already been examined and apart from the said, four other witnesses have already been examined. The total list of witnesses, as per the charge-sheet, are 21. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Mohammad Alishah Faruqi, Azizullah Khan, Obaidullah Counsel for Opposite Party(s) : G.A. Naieem Ahmad @ Naman Joshi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
6. Considering the fact that the main witnesses have already been examined and there is no likelihood of the trial being concluded in the near future, solely on the ground of substantial pre-trial detention suffered by the applicant since 25.03.2021 and the fact that the applicant has no criminal antecedents and there is nothing on record to establish that the applicant, if enlarged on bail, can have any adverse effect on trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Naieem Ahmad @ Naman Joshi 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. October 13, 2025 nishant BAIL No. 7674 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench