Allowed

Nitin Kumar v. State of U.P.

Allahabad HC23 May 2022BAIL/10913/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a criminal case under the Arms Act. The court noted the absence of public witnesses and prior bail grants in related cases. On application of a personal bond and two sureties, the applicant was released on 23.05.2022 subject to standard conditions.

What did the court decide?

Applicant Nitin Kumar released on bail with personal bond and two sureties subject to specific conditions regarding witness tampering, cooperation, and court appearance.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10913 of 2022

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Applicant :- Nitin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Misra,Ayush Mishra,Dr. Akhilesh Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Shri Dr. Akhilesh Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 08 of 2022, under Sections- 5/25 of Arms Act, Police Station Nagla Singhi, District Firozabad.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is in jail since 31.01.2022.

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Learned counsel for the applicant submits that as per the story of the prosecution, applicant was apprehended on 31.01.2020 at about 09:40 hours. The arrest of the applicant is based on the pointing out of the police informer and thereafter it has been stated by the prosecution as appears from the F.I.R./recovery memo that on pointing out of the applicant from Dheerpur Chauraha in forest, 7 country made pistols of 0.315 bore, one country made revolver 0.32 bore, two live cartridges of 0.315 bore, four blank cartridges of 0.315 bore and instruments of

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manufacturing the illegal weapons were also recovered. After arrest, the applicant has been implicated in the instant case as also the Case Crime Nos. 1 of 2019 and 213 of 2021, under Section 25 of Arms Act. It is further submitted that in the Case Crime Nos. 1 of 2019 and 213 of 2021, the applicant has been enlarged on bail by the court below vide orders dated 15.01.2019 & 21.08.2021 passed in Bail Application No. 46 of 2019 and 2656 of 2021. It is further submitted that there is no public witness to support the story of the prosecution. It is next contended that the entire story of the prosecution is based on the statement of police informer as also the confessional statement of the applicant, which is inadmissible in evidence, as such, the applicant is entitled to be released on bail.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind that there is no public witness to support the story of the prosecution and in other cases the applicant has been released on bail and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Nitin Kumar be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of

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the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 23.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.24 10:07:50 IST Reason: Location: High Court of Judicature at Allahabad

Nitin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nitin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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