Nihal v. State of U.P.
Case brief
What is this about?
In a bail application for theft, the High Court held that criminal history alone does not justify denial of bail absent specific risks of tampering or intimidation. The applicant was granted bail subject to standard conditions.
What did the court decide?
Bail granted on furnishing a personal bond and two sureties, subject to conditions including appearance, non-tampering, and no leaving India without permission.
What the court decided
Neutral Citation No. - 2023:AHC:114312
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22032 of 2023
Applicant :- Nihal Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Supplementary affidavit filed by learned counsel for the applicant is taken on record.
1-A. Learned A.G.A. for the State submits that instructions have been received and he has no objection in case the bail application is heard on merits.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- It is submitted by learned counsel for the applicant that the First Information Report was lodged against unknown person for theft of batteries from mobile tower. Subsequently, the co-accused person along with the applicant has been apprehended and from the vehicle the batteries have been recovered. It is further submitted that the co-accused, Yashwant Kumar @ Jhinak, has already been enlarged on bail by the co-ordinate Bench of this Court by order dated 2.5.2023 passed in Criminal Misc. Bail Application No. 19806 of 2023 and the co-accused, Santosh Gupta, has already been enlarged on bail by the co-ordinate Bench of this Court by order dated 2.5.2023 passed in Criminal Misc. Bail Application No. 19629 of 2023. It is further submitted that the criminal history of the applicant has been explained in paragraph no. 5 of the supplementary affidavit which are of similar nature based on the same recovery. Applicant is languishing in jail since 22.2.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail despite having criminal antecedents.
Whether the presence of criminal history warrants denial of bail in the interest of justice.
Whether any material exists suggesting risk of tampering with evidence or influencing witnesses.
Parties & counsel
- applicant
Nihal
- respondent
State of U.P.
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/22032/2023
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