Arjun Nishad Vs State of U.P.

Neutral Citation No. - 2023:AHC:105654

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15020 of 2023

Applicant :- Arjun Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh,Manoj Kumar Counsel for Opposite Party :- G.A.,Chandra Bhushan Yadav

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Hon'ble Sameer Jain,J.

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Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Chandra Bhushan Yadav, learned counsel for the informant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.244 of 2022, under Sections 147,148,302,352,506 and 34 IPC, Police Station Belipar, District Gorakhpur during pendency of the trial.

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FIR of the present case was lodged against the applicant and six others and according to the FIR on 19.12.2022 at about 4.00 PM when deceased was going along with the informant then co-accused Sugreev Nishad, Manoj and Ram Sahayee caught him and on the exhortation of daughter-in-law of coaccused Surgreev, co-accused Ramkaran and Santosh inflicted knife injuries to the brother of the informant and applicant and other co-accused persons wre present at the spot.

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Learned counsel for the applicant submits that in the FIR no allegation was made against the applicant except that he was also accompanied with other co-accused persons, who caught hold and inflicted knife injuries to the deceased but when the statements of the witnesses were recorded under Section 161

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Cr.P.C.including the statement of the informant then applicant was also assigned the role of catching hold but even according to the statement of the witnesses recorded during investigation co-accused Ram Karan and Santosh inflicted knife injuries to the deceased.

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He further submits that there is no allegation against the applicant that he ever inflicted any injury to the deceased. He further submits that co-accused Parvati Sahani, who exhorted and caught hold and provided knife to the main assailants, has been released on bail vide order dated 25.4.2023 passed in Criminal Misc.Bail Application No.13326 of 2023. He placed the bail order of co-accused Parvati (daughter-in-law of Sugreev) during the course of argument, which is taken on record and marked as "A".

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He further submits that applicant is not having any previous criminal history and he is in the present matter since 16.1.2023.

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Per contra, learned AGA as well as lea rend counsel for the informant although opposed the prayer for bail but could not dispute the argument of facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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From the perusal of the record it appears that the role of causing knife injuries has been assigned to co-accused Ram Karan and Santosh and in the FIR no overt act has been assigned to the applicant. However, in the statement recorded under Section 161 Cr.P.C.informant and other witnesses stated that applicant and number of other accused persons including

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co-accused Parvati caught hold the deceased and thereafter coaccused Ram Karan and Santosh caused knife injuries to him but co-accused Parvati has already been released on bail.

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Considering the facts that role of causing injuries has been assigned to other co-accused persons Ram Karan and Santosh, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant-Arjun Nishad be released on bail in the aforesaid case on furnishing a personal bond and 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 16.5.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Arjun Nishad v. State of U.P.

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Arjun Nishad v. State of U.P.

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