Allowed

Arvind Nishad v. State of U.P.

Allahabad HC11 Oct 2022BAIL/31076/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant, convicted under Section 308 IPC for an attempt to kill, sought bail. The Court allowed bail on personal bond and two sureties, citing the non-grievous nature of injuries and lack of independent witnesses as key considerations for granting bail during the trial.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two sureties in the like amount.

Arvind Nishad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31076 of 2022

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Applicant :- Arvind Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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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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By means of this application, the applicant, Arvind Nishad, who is involved in Case Crime No. 102 of 2022, under Section 308 of I.P.C., Police Station Kalpi, District Jalaun and is in jail since 10.05.2022, is seeking enlargement on bail during the trial.

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As per the prosecution story, when the informant with his family members reached towards Rayda about one Kilometer, applicant who was laced with knife in the hand with intention to kill him attacked upon him from knife due to which informant sustained injuries on the body.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that according to the medical report as well as X-ray report, injury sustained by the injured is not grievous in nature and it is not on vital part and there is no evidence of any long injury. It is further submitted that there is no independent witness of the case. It is further submitted that due to political rivalry the applicant has been falsely implicated in the case. It is further submitted that the applicant is languishing in jail since 10.05.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.

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In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in

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the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 11.10.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.10.13 16:35:15 IST Reason: Location: High Court of Judicature at Allahabad

Arvind Nishad v. State of U.P.

Case brief

What is this about?

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Arvind Nishad v. State of U.P.

Case brief

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