Allowed

Nikki v. State of U.P.

Allahabad HC19 May 2022BAIL/50716/2021

Case brief

AI extract

What is this about?

In this bail application, the High Court of Judicature at Allahabad granted bail to Nikki regarding a crime involving alleged commission of sections 302 IPC and others. The court noted the applicant was not the firing party and had no criminal history, with the charge sheet filed. Bail was allowed subject to strict conditions regarding attendance and prohibition of adjournments.

What did the court decide?

The applicant Nikki released on bail with a personal bond and two sureties, subject to conditions regarding attendance and no adjournments during evidence.

Nikki Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50716 of 2021

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Applicant :- Nikki Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.,Pandey Balkrishna

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Nikki, who is involved in Case Crime No. 1501 of 2021, under Sections 147, 148, 149, 34, 201, 307, 302 and 323 of I.P.C., Police Station- Kotwali Dehat, District- Bulandshahr.

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Learned counsel for the applicant has submitted that as per the allegation in the first information report, the assailants had fired on Nisar Ahamd and Afsaar. Afsaar is the son of Nisar Ahamd. However, when the first information report was lodged it was lodged against unnamed persons. The accused Abhi @ Bhura son of Mahesh, Rikki @ Akash son of Virendra @ Lilu and Pankaj Balmiki son of Mukesh Balmiki were apprehended on the pointing of the Mukhbirkhash. Separately statements were taken and consistently they had stated that four of them who were apprehended were there on the spot. They had asked Rohit Gujar, Ankur Rathi, Ankur Bhati, Nikki and Deepak to remain on an alert and to come to the help of the accused if they were attacked by the villages. Learned counsel for the applicant, therefore, states that there was no role of firing of the applicant - Nikki. It has been further submitted that the applicant has no criminal history. Further submission is that the charge sheet has been submitted and no further investigation is required. Learned counsel for the applicant has submitted that applicant is in jail

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since 2.9.2021. Therefore, if the applicant is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. and the counsel for the opposite party Sri Suneel Kumar Mishra holding brief of Pandey Balkrishna opposed the prayer for bail but could not deny the fact that the applicant has no criminal history and he was not assigned the role of firing. They also did not deny the fact that charge sheet had been submitted by the Police.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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Let the applicant, Nikki, be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

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In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 229A of the Indian Panel Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. be issued and if the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 19.5.2022 PK

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(Siddhartha Varma,J.)

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Digitally signed by PRAVEEN KUMAR Date: 2022.05.21 14:16:33 IST Reason: Location: High Court of Judicature at Allahabad

Nikki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nikki v. State of U.P.

Case brief

What is this about?

What did the court decide?

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