Allowed

Sanjay Nishad v. State of U.P.

Allahabad HC9 Nov 2022BAIL/39493/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Sanjay Nishad in a gangster case. Despite the severity of the charge, the Court granted bail, noting the applicant was already on bail for substantive offences and a co-accused had been released. Bail conditions were imposed.

What did the court decide?

The applicant was directed to be released on bail upon executing a personal bond and furnishing two sureties, subject to specific conditions including appearing in court and not tampering with evidenc

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39493 of 2022

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Applicant :- Sanjay Nishad Opposite Party :- State of U.P. Counsel for Applicant :- K.K.Rao,Mukul Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Vide order dated 28.09.2022, the State was directed to file counter afÏdavit till 11.10.2022 and the Court vide order dated 17.10.2022 gave last opportunity to the State to file counter afÏdavit till 07.11.2022 but no counter afÏdavit has been filed by the State till date.

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Heard Sri Mukul Kumar Mishra, learned counsel for the applicant and Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Sanjay Nishad, with a prayer to release him on bail in Case Crime No. 184 of 2022, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986, Police Station- Khorabar, District- Gorakhpur, during pendency of trial.

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It is argued by the learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in two criminal cases, namely (i) Case Crime No. 304 of 2021 u/s 302, 34, 120B, 147, 148 I.P.C., P.S.Khorabar, District- Gorakhpur in which he has been enlarged on bail by a coordinate Bench of this Court vide order dated 29.08.2022 passed in Criminal Misc. Bail Application No. 8499 of 2022 and (ii) Case Crime No. 361 of 2021 u/s 307, 411, 413 I.P.C., P.S.- Khorabar, DistrictGorakhpur in which he has been enlarged on bail by court below vide order dated 30.10.2021. Apart from two cases shown in the gang chart, the applicant has been implicated in 3 more cases, namely (i) Case Crime No. 249 of 2016 u/s 394 I.P.C., P.S.- Khorabar, District- Gorakhpur in which he has been enlarged on bail by the court below vide order dated 12.07.2016, (ii) Case Crime No. 146 of 2016 u/s 25/3 Arms Act and Section 41, 411, 419, 420, 467, 468, 471 I.P.C., P.S.- Chauri Chaura, District- Gorakhpur in which he has been enlarged on bail by the court below vide order dated 09.06.2016 and (iii) Case Crime No. 238 of 2016 u/s 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.- Chauri Chaura, DistrictGorakhpur in which he has been enlarged on bail by coordinate Bench of this Court vide order dated 24.08.2016 passed in Criminal Misc. Bail Application No. 28877 of 2016. The applicant has falsely been implicated in the present case due to police rivalry. The applicant is not a

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member of any gang. The applicant is languishing in jail since 01.10.2021. Co-accused, Butan Yadav @ Santosh Yadav, has already been enlarged on bail by a coordinate Bench of this Court by order dated 06.08.2022 passed in Criminal Misc. Bail Application No. 34096 of 2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the submissions made on behalf of the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offence, the fact that co-accused similarly situate as the applicant has already been enlarged on bail, and taking note of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Sanjay Nishad, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the Trial Court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before the court concerned.

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Order Date :- 9.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.09 18:24:05 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay Nishad v. State of U.P.

Case brief

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