Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36843 (ALL)

NADEEM ALIAS BILAL v. STATE OF U.P.

BAIL/11332/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55557 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11332 of 2025 Applicant :- Nadeem Alias Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Suresh Kumar Gupta, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, 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, Nadeem @ Bilal, seeking enlargement on bail in Case Crime No. 584 of 2024, under Sections-132, 351 (3), 61 (2), 191 (2), 191 (3), 126 (2), 352, 109, 121 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Nawabad, District-Jhansi. 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 29.12.2024. Learned counsel for the applicant submits that that the First Information Report was lodged against two named and two unknown persons. Applicant was neither named in the First Information Report nor was arrested on spot. His name has been surfaced during the course of investigation, in the statement of independent witness with the allegation of provocation. In the present case charge sheet has been filed against the applicant on 13th March, 2025. Co-accused Pradeep yadav, has been granted bail by this Court in Criminal Misc. Bail Application No. 4816 of 2025, vide order dated 01.04.2025. He has no criminal antecedent but subsequent to the present case a case under arms Act has been lodged against the applicant, 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, Nadeem @ Bilal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable heavy 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 :- 16.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad