Allowed

Shivkant Nishad v. State of U.P. and Another

Allahabad HC11 Aug 2022ABAIL/6532/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicant in a criminal case involving IPC offenses related to assault and intimidation. The court observed that a prima facie case for bail is made out based on the arguments presented and principles established in Supreme Court precedents.

What did the court decide?

The application is allowed; the applicant shall be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties.

Shivkant Nishad Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6532 of 2022

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Applicant :- Shivkant Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh,Trivikram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Affidavit of applicant, filed by the learned counsel for the applicant, is taken on record.

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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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The present application has been moved seeking anticipatory bail in Case Crime No. 180 of 2016, under Sections 354, 354B, 392, 452, 323, 504 and 506 IPC, P.S. Cantt, District Varanasi, with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was stated that the first information report of this case has been got lodged making false and baseless allegations. In fact regarding an incident of 15.06.2015, the brother of applicant has lodged a first information report under Section 354A and 354B IPC against the son of complaint of this case and after that the first information report of this case was got lodged as a counterblast by moving an application under Section 156(3) Cr.P.C. Referring to the facts of the matter, it is submitted that the

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allegations made in the first information report, are thoroughly false and improbable. The investigation of the case is complete and charge-sheet has already been filed. Learned counsel submitted that earlier the applicant and co-accused have filed an application under Section 482 Cr.P.C. no. 6776 of 2018 for quashing of proceeding, wherein by order dated 05.03.2018, passed by this Court, further proceedings of the case were stayed, but as the said stay order could not be extended further, in view of law laid down in the case of Asian Resurfacing of Road Agency Pvt. Ltd and Anr. vs. C.B.I. reported in AIR 2018 SC 2039, the trial of the case is being proceeded further and that the application of anticipatory bail filed by the applicant before the Court below has already been rejected. The applicant undertakes to co-operate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during trial and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all

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attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Shivkant Nishad in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Court below concerned with the following conditions :-

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

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

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

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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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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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 11.8.2022

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A. Tripathi

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Digitally signed by AKHILESH TRIPATHI Date: 2022.08.16 11:30:20 IST Reason: Location: High Court of Judicature at Allahabad

Shivkant Nishad v. State of U.P. and Another

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Shivkant Nishad v. State of U.P. and Another

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