Allahabad High Court
Nizamuddin Khan @ Nazimuddin vs State Of U.P. on 17 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:97015
Court No. - 67
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4429 of 2025
Applicant :- Nizamuddin Khan @ Nazimuddin
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajesh Pratap Singh, learned counsel for the applicant, Sri Sandeep Kumar Shukla, learned A.G.A. for the State and perused the record.
2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No.358 of 2023, under Sections-306, 506 IPC, Police Station-Mohammadabad Gohna, District-Mau.
3. Contention of learned counsel for the applicant is that applicant is the father of the deceased and he has been falsely implicated by the first informant only for the reason that the applicant has lodged an FIR against the first informant in the year 2022 while the deceased had ran away with the first informant. It is further submitted that during the pendency of investigation, applicant was also granted anticipatory bail inCRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. - 7262 of 2024. Now, chargesheet has been filed though there is no material against the applicant. Even the video clip, which was the basis for implication of the applicant does not show any specific allegation against the applicant for his active participation to force the deceased or create circumstances which may have resulted into suicide of the deceased. Co-accused Imtiyaz and Salman, have also been granted anticipatory bail by this court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3573 of 2025 vide order dated 14.05.2025. Therefore, applicant is also entitled to claim parity on that ground.
4. Learned AGA have opposed the prayer and submitted that from perusal of the extract of video clip, it is clear that deceased while committing suicide had stated that the applicant and his family members would be responsible for her death. Therefore, no case for anticipatory bail is made out.
5. Considering the submission of learned counsel for the parties and on perusal of record, it is clear that in the extract of video clip mentioned in case diary prepared during committal of suicide by the deceased, no specific allegation has been made against the applicant which would attract the ingredients of Section 306 IPC. Therefore, applicant is entitled to be released on bail during trial.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicant, he is entitled to get anticipatory bail during trial under Section 193 B.N.S.S. as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
7. In the event of arrest, the applicant- Nizamuddin Khan @ Nazimuddin involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) The applicant shall not leave India without the previous permission of the Court;
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.
(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.
9. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 17.6.2025
S.Chaurasia
