Nazim v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47509 of 2023 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard Sri Shivakant Srivastava, Advocate holding brief of learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The Counsel for the applicant argues that the applicant has been falsely implicated in this case. The alleged recovery is not in presence of any independent witness. The applicant has no criminal history. The applicant is in custody since 10.09.2023.

¶3Learned A.G.A. vehemently opposed the bail prayer.

¶4Considering the fact that the applicant is in custody since

10.09.2023 and has no criminal antecedents, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶5Accordingly, the bail application is allowed.

¶6Let the applicant-Nazim be released on bail in Case Crime No.386 of 2023 under Sections 379 IPC, 3/8 of the U.P. Prevention of Cow Slaughter Act, 1955 (1/1956), Police Station-Aonla, District-Bareilly, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the 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. Order Date :- 7.11.2023 S.A. High Court of Judicature at Allahabad