Allowed

Anand Nishad @ Sagar v. State of U.P.

Allahabad HC1 Dec 2022BAIL/30338/2022

Case brief

AI extract

What is this about?

Court allowed bail application for applicant in criminal case concerning robbery and theft. Release granted subject to personal bond and two sureties with standard conditions to appear and not tamper with evidence.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions regarding appearance and non-interference with witnesses.

Anand Nishad @ Sagar 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. - 30338 of 2022

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Applicant :- Anadn Nishad @ Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Punya Sheel Pandey, the learned counsel for the applicant, Sri Jai Kishan Chaurasiya, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 147 of 2022, under Sections 392 and 411 IPC, Police Station Gopiganj, District Bhadohi during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. alleging snatching of a gold chain committed by two unknown persons on 25.3.2022.

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The learned counsel for the applicant has submitted that the police claims to have arrested the applicant and co-accused Vipin Kumar Nishad on 25.5.2022 on the basis of information received from a Mukhbir and it is alleged that 7.400 gram ganja, a ring of yellow metal, Rs. 2000/- and one pistol were recovered from the applicant and 7.98 kg ganja, pistol, two lives cartridge, some jewelry and Rs. 2000/- were recovered from the co-accused Vipin Kumar Nishad. It is further submitted that co-accused Vipin Kumar Nishad has already been granted bail by means of an order dated 23.11.2022 passed by this Court in Bail Application No. 33662 of 2022.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The criminal history of the applicant has been explained in paragraph 12 of affidavit and paragraph 3 of the supplementary affidavit, as per which he is involved in 11 other cases.

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The applicant is languishing in jail since 27.5.2022.

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

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been released on bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that the co-accused Vipin Kumar Nishad has already been granted bail in the present case and the case of the applicant is on similar footing to the case of the coaccused, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Anand Nishad @ Sagar be released on bail in Case Crime No. 147 of 2022, under Sections 392 and 411 IPC on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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In the memo of bail application, the applicant description is Anand Nishad, whereas in the cause list, the case description is Anadn Nishad.

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Office is directed to correct the description of the applicant and records in its future.

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Order Date :- 1.12.2022 Arif

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Digitally signed by MOHAMMAD ARIF Date: 2022.12.03 11:03:02 IST Reason: Location: High Court of Judicature at Allahabad

Anand Nishad @ Sagar v. State of U.P.

Case brief

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Anand Nishad @ Sagar v. State of U.P.

Case brief

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