In bail application under Sections 457, 380, 411 I.P.C., the High Court allowed release on personal bond and two sureties, noting applicant's criminal history but finding no specific risk preventing bail.
Released on personal bond and two reliable sureties of like amount subject to conditions of no witness tampering and attendance for trial stages.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45635 of 2021
Applicant :- Pravesh Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Budhi Sagar Tripathi,Vishwanath Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 199 of 2021, under Sections 457, 380, 411 I.P.C. at Police Station Ramgarh Taal, District Gorakhpur with a prayer to enlarge him on bail.
Learned counsel for the applicant has stated that the first information report has been lodged against unknown persons. The name of the applicant was surfaced in the statement of coaccused Ravi Nishad who was arrested during the investigation. It is further stated that no incriminating article has been recovered from the possession of the applicant. The applicant is in jail since 24.06.2021. In these circumstances, the applicant is entitled to be released on bail.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant is having a criminal history of eight cases.
In response to the same, learned counsel for the applicant has submitted that after being arrested in the present case, the applicant has been roped in all the eight cases by the police just to show the good work of the police. In all cases, the applicant has already been enlarged on bail by the competent Court of Jurisdiction.
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.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances, considering the bail orders of the accusedapplicant 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.
Let applicant- Pravesh Nishad 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 the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(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.
(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.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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.
Order Date :- 6.1.2022 Saurabh
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case under Sections 457, 380, 411 I.P.C. given his stated criminal history.
Whether the conditions of bail are applicable when the applicant has a complex criminal history but claims recent linking by police.
Colour shows how this judgement treated each authority
N/AReferred
2 provisions across 2 enactments
Pravesh Nishad
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
