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2025 DAILYLAW 6239 (ALL)

NAZEEM v. STATE OF U.P. AND 3 OTHERS

BAIL/1437/2025 · 2025-04-21

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:59670 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1437 of 2025 Applicant :- Nazeem Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ashish Kumar Gaur, learned counsel for the applicant, Sri Manoj Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant Nazeem seeking enlargement on bail in Case Crime No. 491 of 2024, under Sections 137(2), 87, 74, 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 9M/10 of the POCSO Act, Police Station Bisalpur, District Pilibhit. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the victim lives in front of the house of the accused- applicant and she had implicated the applicant due to ulterior motive. He submits that the allegation of enticing the victim girl and to eve-teasing is false. He submits that there is no independent witness of the alleged incident. In the medical report, no fresh open injury was seen except the complaint of pain below lower limb. There is neither external nor internal injury on the body of the victim. He submits that the applicant has not sexually exploited the victim. The applicant is languishing in jail since 11.10.2024. Learned counsel for the applicant submits that co-accused Chand Babu has already been enlarged on bail by co-ordinate Bench of this Court on 9.4.2025 in Criminal Misc. Bail Application No. 773 of 2025. The 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, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those 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, Nazeem, 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 :- 22.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad