Bail application by Dheeraj Nishad in a case under Explosive Act. The court granted bail on personal and two local sureties without expressing an opinion on merits, subject to specific conditions including appearance and non-tampering.
Released on bail by furnishing personal bond and two local sureties each of like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4982 of 2021
Applicant :- Dheeraj @ Raju Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Srivastava,Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case by the Police due to ulterior motive. The applicant is having criminal history of five cases which is explained in paragraph, 7, 9 and 11 of the affidavit. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 13.02.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Dheeraj @ Raju Nishad, involved in case crime No. 64 of 2020, under Sections 4/5 Explosive Act, police station -Ghoorpur, District -Allahabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.1.2021 Sartaj
2 issues framed by the court
Whether the applicant be released on bail in the present criminal miscellaneous application.
Whether the applicant satisfies the conditions for bail despite having criminal history.
Dheeraj @ Raju Nishad
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
