Allowed

Virendra Nishad v. State of U.P.

Allahabad HC12 May 2022BAIL/10097/2022

Case brief

AI extract

What is this about?

This judgment grants bail to Virendra Nishad in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act. The court found that the applicant had been falsely implicated, had no active criminal history, and posed no risk of absconding or tampering with evidence.

What did the court decide?

Released on bail upon execution of a personal bond and two sureties, subject to conditions of not tampering with evidence or influencing witnesses.

Virendra Nishad Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10097 of 2022

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Applicant :- Virendra Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Atal Bihari Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Atal Bihari Tripathi, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Virendra Nishad with a prayer to release him on bail in Case Crime No.0050 of 2022 under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station-Rajghat, District Gorakhpur during pendency of trial.

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Learned counsel for the applicant has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. He further submitted that in the gang chart one case is mentioned in which the applicant is on bail. Copy of the bail order has been annexed as Annexure No.3 to the bail application. So far as the criminal history of applicant is concerned, the same has been explained in paragraph no.2 of the supplementary affidavit that the case was lodged as case crime no.848 of 2020 under Section 188, 269 IPC and Section 3 of the Pandemic Act which was later on withdrawn by the State Government. It is next submitted that co-accused Shri Chandra Nishad, has been granted bail by this Court vide order dated 7.5.2022 passed in Criminal Misc. Bail Application No.11586 of 2022. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 13.2.2022.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity

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of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Virendra Nishad involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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

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The applicant will not influence any witness.

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

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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 him from disclosing such facts to the Court 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 :- 12.5.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.05.16 12:58:22 IST Reason: Location: High Court of Judicature at Allahabad

Virendra Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Virendra Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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