Allowed

Satendra Nishad v. State of U.P.

Allahabad HC22 Jul 2019BAIL/29023/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed granting bail to Satendra Nishad in a Section 394 IPC case. Court considered criminal history but granted enlargement on personal bond with two sureties subject to standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions to attend trial, not tamper with witnesses, and avoid illegal activities.

Satendra Nishad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29023 of 2019

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Applicant :- Satendra Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 676 of 2018, under Section 394 I.P.C., P.S. Fatehabad, district-Agra, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Bhulli alias Murli. He next submitted that no incriminating article or material has been recovered either from the applicant or on his pointing out. Further submission is that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive.

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Learned counsel for the applicant has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 11.1.2019 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. has vehemently opposed the prayer for bail and submitted that there is criminal history of six cases against the applicant, hence he is not entitled to be enlarged on bail.

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In reply, learned counsel for the applicant submitted that he has properly explained the criminal history in paragraph 7 of the affidavit accompanying the bail application.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Satendra Nishad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 676 of 2018, under Section 394 I.P.C., P.S. Fatehabad, district-Agra subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 22.7.2019 Faridul

Satendra Nishad v. State of U.P.

Case brief

What is this about?

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Satendra Nishad v. State of U.P.

Case brief

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