Allowed

Manoj Nishad v. State of U.P.

Allahabad HC18 Dec 2018BAIL/48240/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 48240 of 2018, the Court granted bail to applicant Manoj Nishad charged under Sections 147, 149, and 304 IPC. The applicant, having no criminal history and with co-accused already on bail, was released on furnishing a personal bond and two sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in the like amount to the court concerned.

Manoj Nishad Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48240 of 2018

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Applicant :- Manoj Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Mohan Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, the F.I.R. was lodged against three accused persons, namely Amarjeet, Abhay and Bhola alleging that on 12.7.2018 they had assaulted the brother of the complainant Rohit, who received two injuries on head resultantly he died. Subsequently, the statement of Ram Ashray Bind, so called witness, was recorded and he stated that Monu assaulted the deceased by stick of Eucalyptus twice, therefore, he received injuries and died.

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Learned counsel for the applicant submitted that coaccused-Upendra Sahani, Amarjeet Nishad, Abhay Chand Chaurasiya and Dharmendra Nishad @ Bhola have already been enlarged on bail by this Court vide orders dated 4.10.2018, 12.10.2018 and 26.11.2018 in Criminal Misc. Bail Application Nos. 37188 of 2018, 38167 of 2018 and 42908 of 2018 and the case of the applicant is identical to the case of the co-accused who have been enlarged on bail, hence the applicant is also entitled for the same benefit; the applicant is languishing in jail sine 29.9.2018 (more than two and half months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; he is not named in the F.I.R.; subsequently the statements of Ram Ashray, Upendra and Manoj were disclosed and main role of assault was assigned against Monu; the applicant has been falsely been implicated due to previous enmity on the basis of suspicion only; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the applicant is identical to co-accused who have been enlarged on bail.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby

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allowed.

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Let the applicant Manoj Nishad involved in Case Crime No. 161 of 2018, under Section 147, 149, 304 IPC, Police Station-Rudrapur, District-Deoria be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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 or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 18.12.2018 A. Singh

Manoj Nishad v. State of U.P.

Case brief

What is this about?

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Manoj Nishad v. State of U.P.

Case brief

What is this about?

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