The High Court allowed a bail application for Arvind Nishad, who was arrested after being issued an N.B.W. warrant due to his absence. The court released him on a personal bond and two sureties subject to standard conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10253 of 2019
Applicant :- Arvind Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Dewendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Initially the accused was on bail and due to his absence, N.B.W. was issued on 31.8.2015 and he was arrested by the police on 12.10.2017 till then he is languishing in jail (near about one year and five months) having no criminal history.
Learned counsel for the applicant submitted that applicant went to Mumbai for employment due to which he could not appear before the Court; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
Learned AGA opposed the prayer for bail and admitted that applicant has no criminal history.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let applicant Arvind Nishad involved in Session Trial No. 225 of 2008 arising out of Case Crime No. 721 of 2008, under Sections 302, 201 IPC, Police Station Khorabar, District - Gorakhpur 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.3.2019
A. Singh
1 issue framed by the court
Whether the applicant Arvind Nishad should be released on bail after arresting in absence and languishing in jail.
Arvind Nishad
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
