The Allahabad High Court allowed a bail application filed by the accused in a case alleging threats related to a sale deed execution, releasing him on furnishing bonds and sureties.
Applicant released on bail in Case Crime No. 67 of 2023 on personal bonds and two sureties of Rs. 25,000 each.
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Neutral Citation No. - 2023:AHC:152114
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10196 of 2023
Applicant :- Ranjeet Nishad @ Pappu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Alok Krishan Tripathi,Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard Sri Amit Kumar Yadav, learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the accused was threatened the husband of the informant of execution of a sale deed or to pay an amount of Rs. 3 Lacs.
3 . It is argued that the applicant is in custody since 29.01.2023. Criminal history of the applicant has been explained in para no. 7 of the bail application.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that applicant is in custody since 29.01.2023 and there is no substantive evidence against the applicant in the present case, and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Ranjeet Nishad @ Pappu Nishad be released on bail in FIR/ Case Crime No. 67 of 2023, under Sections 386 and 506 IPC, P.S. Cantt, District Gorakhpur, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 28.7.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering the lack of substantive evidence against him.
Ranjeet Nishad @ Pappu Nishad
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
