Allowed

Anil Nishad v. State of U.P. and 3 Others

Allahabad HC8 May 2023BAIL/17584/2022

Case brief

AI extract

What is this about?

Single judge bail application in a trial involving kidnapping and sexual offenses. The High Court allowed bail after noting the delay in recording victim statement, the applicant's lack of criminal history, and his assurance of cooperation, subject to standard conditions.

What did the court decide?

Release on bail by furnishing personal bond, two sureties, and complying with conditions against tampering with evidence or intimidating witnesses.

Anil Nishad Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:98081

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17584 of 2022

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Applicant :- Anil Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Singh,Amit Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1-victim was recorded and she was declared hostile by the learned trial Court, copy of the statement of P.W.1 annexed as Annexure-SA1 to the supplementary affidavit. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 19.01.2022, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the

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applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Anil Nishad involved in Case Crime No. 145 of 2020 under Sections 363, 366, 376D, 323, 504, 506 I.P.C., and Section 6 of POSCO Act, Police Station Mau, District Chitrakoot, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 8.5.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Anil Nishad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anil Nishad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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