Allowed

Aman Nishad v. State of U.P.

Allahabad HC23 Jun 2023ABAIL/7114/2023

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by Aman Nishad in a case concerning 60 liters of seized country-made local liquor under Sections 60 Excise Act. Bail granted on personal suretiess with standard cooperation and non-interference conditions.

What did the court decide?

Releases Aman Nishad on anticipatory bail on personal and two sureties subject to conditions of cooperation and appearance.

Aman Nishad Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 48

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7114 of 2023

¶3

Applicant :- Aman Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vinod Diwakar,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 222 of 2023, registered under Sections 60 Excise Act and Section 272 IPC at Police Station- Gida, District Gorakhpur with a prayer to enlarge him on anticipatory bail.

¶7

Learned counsel for the applicant submits that applicant is a young man and has falsely been implicated by the police with ulterior motive. He submits that applicant is ready and willing to join the investigation but the police is harassing the entire family and went upon to illegally arrest the accused-applicant. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶8

Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application and submits that 60 liters country made local liquor was seized from the possession of co-accused Imirta Devi and Santosh Nishad who have been arrested by the police on spot.

¶9

Be that as it may, having heard the learned counsel for the parties, and after perusal of the record, it transpires that applicant is a young man; name of the accused-applicant has figured during investigation; 60 liters country made local liquor was seized from the possession of co-accused Imirta Devi and Santosh Nishad, who had been arrested by the police on spot. The anticipatory bail application is allowed.

¶10

Let the accused-applicant- Aman Nishad be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two

¶11

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

¶12

(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

¶13

(ii). that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

¶14

(iii). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶15

(iv). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶16

Order Date :- 23.6.2023 Ujjawal

¶17

Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Aman Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Farzan Vs State of U.P. and 3 Others

Ajay Kumar Gupta @ Babloo Vs State of U.P.

Chandni Bano and Another Vs State of U.P. and 4 Others

Jagdish Vs State of U.P.

Love @ Aditya Sharma Vs State of U.P.

Smt. Shanti Vs State of U.P.