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2025 DAILYLAW 21695 (ALL)

NAVEEN NAIN v. STATE OF U.P.

BAIL/6512/2025 · 2025-03-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34631 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6512 of 2025 Applicant :- Naveen Nain Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Akhilesh Kumar Dwivedi, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Naveen Nain, seeking enlargement on bail in Case Crime No. 1036 of 2024, under Section 3(1), 3(2), 3(3), 4, 5(1)A, 5 (1)B, 5(1)C, 5(2), 6B, 29, 23, 25 P.C.P.N.D.T. Act and 318 (4), and 61 (2), B.N.S. Police Station Baghpat. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.12.2024. Learned counsel for the applicant submits that on 19.12.2024 a First Information Report has been lodged against ten named accused persons including the applicant with the allegation that some persons are doing pre natal sex determination of fetus through Ultrasound on which an inquiry has been conducted and the applicant and other co-accused persons have been arrested Nothing has been recovered from the possession of the applicant except Rs. 16,000/- cash. The real fact is that the father of the applicant has let out some portion of his house to one of the co- accused Dr. Riya Sahgal wherein she was running a Centre namely Om Singh Memorial Centre. Learned counsel for the applicant submits under the P.C.P.N.D.T. Act there is a provision to file complaint before the Court concerned but despite filing complaint the complainant has lodged First Information Report against the applicant and other co-accused persons. Learned counsel for the applicant has relied upon a judgment of Hon'ble Apex Court, dated 12.09.2024, passed in Criminal Appeal No. 3747 of 2024 in the case of Ravinder Kumar Vs. State of Haryana. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Naveen Nain, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 10.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad