NAHID HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant and Sri Rishi Chaddha, learned counsel for the State and perused the material on record.

(2.) This bail application under Sec. 439 of Code of Criminal Procedure has been filed by the applicant- Nahid Hasan, seeking enlargement on bail during trial in connection with Session Trial No. 730 of 2022, Case Crime No. 570 of 2019, under Sec. 406, 504, 506, I.P.C., registered at Police Station Kairana, District Shamli.

(3.) The first information report of the present case was lodged on 26/9/2019 by Smt. Shahjahan against the applicant and one other person namely Nawab alleging therein that her husband had given a Bolero pick-up vehicle of which he was the registered owner on rent in the year 2015 to co-accused Nawab who was having business of milk and milk products. Nawab did not pay the required monthly rent of the same on which he was countered to which he stated that he will give the same collectively. After some days he stated that he would give Rs.1.00 lakh 50 thousand. Later on her husband asked him for return of the vehicle. On 22/4/2019 he came to know that the vehicle is standing in the premises of the applicant who is M.L.A. after which the first informant along with her husband went there to see the vehicle. A phone call was received by the husband of the first informant from the applicant who threatened them and told them to go back. They were also abused and threatened for life and even threat was extended that they would be got involved in false cases. Her husband due to fear went to Police Station Kotwali after which the Inspector in-charge was sent to the place where the vehicle was standing and then again a threatening call was received and there were abuses received by the first informant and the threat of life was extended due to which her husband suffered heart attack after which he was taken to the doctor and from there he was referred to higher centre. Next day, she received a call from the police station that the vehicle has been brought from the place of its standing and the same may be taken back by her. The rent due on it be given to her. Nawab is a man of bad antecedents and is a relative of the applicant who is M.L.A. On his saying only the applicant had called up the husband of the first informant and threatened him. The first information report has thus been lodged.