Allahabad High Court
Vishal vs State Of U.P. on 9 May, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:75355 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7739 of 2025 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Giri,Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Abhishek Giri, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.
3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vishal, seeking enlargement on bail during trial in connection with Case Crime No. 337 of 2024, under Sections 191(3), 103(1), 3(5), 131 BNS, 2023, registered at Police Station Rajghat, District Gorakhpur.
4. The FIR of the matter was lodged on 13.10.2024 by Anil Nishad against the applicant and four other persons alleging therein that the accused persons had enmity with his nephew Ankush Nishad. Due to the said enmity on 12.10.2024 his nephew along with other persons had gone to see the fair, the accused persons caught hold of him and Vikas Nishad with a knife assaulted him and murdered him. The incident was seen by Vishal Nishad, Roshan Nishad and Nitesh Nishand who went to save him on which the accused persons ran away.
5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that in the FIR general and common role has been assigned to the applicant and other co-accused persons but the role of assault upon the deceased is assigned to co-accused Vikas Nishad. It is submitted that even the alleged eye witnesses have been assigned the role of assault upon the deceased on co-accused Vikas Nishad. The role of the applicant is of catching hold of the deceased with other co-accused. It is submitted that the case of the applicant is thus distinguishable with that of co-accused Vikas Nishad. It is submitted that co-accused Pradeep Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 07.05.2025 passed in Crl. Misc. Bail Application No. 7137 of 2025 (Pradeep Kumar Vs. State of U.P.), copy of the order has been loaded on the website. Further, co-accused Jitendra Nishad has also been granted bail by another Bench of this Court vide order dated 25.04.2025 passed in Crl. Misc. Bail Application No. 10139 of 2025 (Jitendra Nishad Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. It is further submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 14.10.2024.
6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the co-accused Pradeep Kumar and Jitendra Nishad have been granted bail.
7. After having heard learned counsels for the parties and perusing the records, it is evident that common and general role has been assigned to the applicant and three other co-accused persons in the FIR whereas the role of assault with a knife on the deceased is assigned to co-accused Vikas Nishad. The same is the case of the prosecution in the version given by the alleged eye witnesses. Two co-accused persons namely Pradeep Kumar and Jitendra Nishad have been granted bail.
8. The case of the applicant is distinguishable with that of co-accused Vikas Nishad.
9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
10. Let the applicant Vishal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
12. The bail application is allowed.
13. Pending application(s), if any, shall stand disposed of.
Order Date :- 9.5.2025 M. ARIF (Samit Gopal, J.)