Nadeem v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47723 of 2023 Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.300 of 2023 under sections 420, 413, 414 IPC, P.S. Pakbada, District Moradabad.

¶3In terms of the FIR, the applicant was apprehended along with a motorcycle and at the pointing out of the applicant and the other co-accused, four other motorcycles were allegedly recovery.

¶4The contention of the counsel for the applicant is that co-accused Munasif has been enlarged on bail by this Court vide order dated 16.10.2023 passed in Bail No.43886 of 2023. It is argued that the alleged recovery was not in the presence of any independent witnesses and the criminal history has been explained.

¶5Considering the fact that the co-accused has been enlarged on bail, the applicant is also entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Nadeem be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 8.11.2023 VNP/- High Court of Judicature at Allahabad