Allowed

Nitesh and Another v. State of U.P.

Allahabad HC14 Oct 2022BAIL/30202/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Nitesh and another. Considering the similarity of the case setup to that of co-accused already granted bail, the Court released the applicants on a personal bond and two sureties each with standard conditions to prevent tampering with evidence or witnesses.

What did the court decide?

Applicants Nitesh and Pravendra @ Patara released on bail with personal bond and two sureties each.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30202 of 2022

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Applicant :- Nitesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Supplementary affidavit has filed today in the Court is taken on record.

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Heard Shri Sanjay Kumar Singh, the learned counsel for the applicants, Shri Shashi Shekhar Tiwari, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicants with the prayer to enlarge them on bail in Case Crime No.0020 of 2022, under Sections 392, 411 IPC, Police Station Piluwa, District Etah.

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The aforesaid case has been registered on the basis of FIR lodged on 27.1.2022 alleging that on 26.01.2022 at about 08:20 PM, 3-4 boys had robbed the motorcycle, one mobile phone and Rs. 850/- cash from the informant.

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As per prosecution case, the applicants were arrested alongwith the other co-accused persons and one stolen mobile phone and seven other motorcycle and two scooters were recovered from them.

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It has been averred in the affidavit filed in support of the bail application that the applicants are innocent, they have been falsely implicated in the case and they are in jail since 15.02.2022. It has also been stated in the affidavit that there is no possibility of the applicants tampering with any evidence and in such circumstances, the applicants are entitled for bail. It is also stated in the affidavit that the applicants will not misuse the liberty of bail and they will fully cooperate in the investigation.

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The learned counsel for the applicants has submitted that Coaccused persons Abhishek and Vivek alias Lalu Yadav have already been granted bail by means of orders dated 6.7.2022 and 8.7.2022 passed by this Court in Criminal Misc. Bail Applications No.23772 of 2022 and 21949 of 2022

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respectively.

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Per contra , the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicants is similar to that set up against the other co-accused persons, who have already been released on bail.

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Having considered the aforesaid facts and submissions and keeping in view the fact that the co-accused persons Abhishek and Vivek alias Lalu Yadav who have already been granted bail and that the case set up against the applicants is similar to that the case set up against the co-accused persons, I am of the view that the applicants are also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed .

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Let the applicants - Nitesh and Pravendra @ Patara be released on bail in Case Crime No.0020 of 2022, under Sections 392, 411 IPC, Police Station Piluwa, District Etah on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not influence any witness.

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(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicants shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 14.10.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.10.17 13:04:39 IST Reason: Location: High Court of Judicature at Allahabad

Nitesh and Another v. State of U.P.

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Nitesh and Another v. State of U.P.

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