Nasruddin v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52364 of 2023 Applicant :- Nasruddin Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Atul Kumar Kushwaha, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2The instant bail application has been moved on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.109 of 2023, under Sections 457, 380 IPC, Police Station Purkaji, District Muzaffarnagar, during pendency of the trial.

¶3It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant is not named in the FIR; his name has come into picture in the confessional statement of the co-accused. No case property has been recovered from the possession of the applicant. It is also contended that the co-accused having similar role to that of the present applicant have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated; (i) 21.08.2023 passed in Criminal Misc. Bail Application No.35081 of 2023 (Mohd. Mukeem Vs. State of UP); and (ii) 24.11.2023 passed in Criminal Misc. Bail Application No.47345 of 2023 (Irshad Vs. State of UP), therefore, the applicant is also entitled to be enlarged on bail considering the ground of parity. The criminal history of ten cases against the applicant, in which also he has been falsely implicated, has been explained in paragraphs-12-13 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 07.10.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects raised by the counsel for the applicant.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a fit case for bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Nasruddin, 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 she:

(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;

(iv) shall appear before the concerned SHO to show or establish his bona fide on any day of the first week of every month until further order of the trial court.

¶7In 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 :- 13.12.2023 Shahroz High Court of Judicature at Allahabad