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Mohammad Nadeem v. State Of U.p

Mohammad Nadeem v. State Of U.p

(High Court Of Judicature At Allahabad, Lucknow Bench)

CRIMINAL MISC. BAIL APPLICATION No. - 11944 of 2021 | 10-03-2022

Rajeev Singh,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.216 of 2020, under Section 460 I.P.C., Police Station - Aliganj, District - Lucknow, with the prayer to enlarge him on bail.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and the F.I.R. in question was lodged. He further submitted that initially, the information was given by Javed Akhtar on 08.07.2020 that his sister Madeena Khatoon W/o Late Kamruzzama was found dead in her house and thereafter, the inquest of the body of the deceased was conducted. He further submitted that in the inquest report, Hazi Ifetakhar Ahmad, Badre Alam, Javed Akhtar, Mohd. Ayaz and Asma are the witnesses of inquest. He further submitted that the postmortem of the body of the deceased was also conducted and thereafter, the F.I.R. in question was lodged on 09.07.2020 at 16:33 hours in relation to the incident dated 08.07.2020 and in which, it is mentioned that Ayaz has informed the informant that he has seen that the applicant was coming out of the house of Riya and he killed the sister of the informant.

4. Learned counsel for the applicant has further submitted that the story narrated in the F.I.R. is highly improbable as, in case, Ayaz was knowing the facts as mentioned in the F.I.R., then why he has not mentioned the same at the time of inquest of the body of the deceased as he was one of the witnesses of inquest, and in the most mechanical manner, charge sheet was filed by the Investigating Officer. He further submitted that the applicant does not have any criminal antecedent and he is in jail since 10.07.2020. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

5. Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but he does not dispute this fact that Ayaz was one of the witnesses of the inqest, but he has not made any such complaint as mentioned in the F.I.R. by the informant.

6. Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R. and the application given by Javed Akhtar on 08.07.2020 as well as inquest report of the deceased, I am of the view that it is a fit case for bail.

7. Accordingly, the bail application is allowed.

8. Let applicant - Mohammad Nadeem - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Advocate List
  • Shadab Waheed,Syed Raza Mehdi

  • G.A.

Bench
  • Hon'ble Justice Rajeev Singh
Eq Citations
  • LQ
  • LQ/AllHC/2022/5490
Head Note

A. Criminal Procedure Code, 1973 — Ss.439 and 437 — Bail — Grant of — False implication — Allegation of murder — Absence of complaint by witness at the time of inquest — Absence of criminal antecedents — Bail granted subject to conditions