Allahabad High Court
Kanhaiya Nishad vs State Of U.P. on 17 November, 2022
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37456 of 2022 Applicant :- Kanhaiya Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard Sri Dewendra Singh, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 38 of 2022, registered under Section 413 I.P.C., Police Station Cantt., District Gorakhpur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Initially FIR was lodged under Sections 392, 411 and 414 I.P.C. for that applicant moved bail application and co-ordinate Bench of this Court granted bail to the applicant in the aforesaid sections on 07.05.2022 in Criminal Misc. Bail Application No.16672 of 2022 but Investigating Officer submitted charge-sheet against the applicant under Sections 392, 411, 414 and 413 I.P.C., hence, the instant bail application has been filed under Section 413 I.P.C.. He further submitted that, since, the applicant has been granted bail under Sections 392, 411 and 414 I.P.C., the applicant may also be released under Section 413 I.P.C. Applicant has no previous criminal history. The applicant is languishing in jail since 16.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant and submitted that after proper investigation, Investigating Officer has submitted charge sheet against the applicant under Section 413 I.P.C., hence, the applicant should not be released on bail under the aforesaid section.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Kanhaiya Nishad, who is 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 following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.11.2022 Nitin Verma