Nadeem v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44836 of 2023 Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Zubair Khan Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard Sri Mohd Zubair Khan, learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 561 of 2023, under Sections 2/3 U.P. gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station-Kotwali Nagar,, District Muzaffarnagar, during the pendency of trial.

¶4Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case due to the inimical reasons. Learned counsel for the applicant by way of supplementary affidavit has explained the criminal history of additional criminal cases other then cases mentioned in the gang chart. The applicant is on bail in all the cases shown in the gang chart and in additional criminal cases today explained through supplementary affidavit triable by the court of Magistrate concerned. Copy of the bail order is annexed as Annexure SA-1 to the supplementary affidavit. The applicant is in jail since 18.10.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Nadeem, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad