Allowed

Rajesh Nishad v. State of U.P.

Allahabad HC22 May 2023BAIL/22734/2023

Case brief

AI extract

What is this about?

High Court disposed of a bail application filed by Rajesh Nishad. Considering the existence of a cross-case and general allegations despite grievous injuries, the court granted bail subject to conditions including sureties, appearance bonds, and an undertaking not to tamper with witnesses.

What did the court decide?

Application allowed; applicant released on bail with personal bond, two sureties (one family member), and conditions regarding appearance and non-tampering.

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

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Neutral Citation No. - 2023:AHC:113958

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22734 of 2023

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Applicant :- Rajesh Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.169 of 2023, under Sections 147, 149, 323, 325, 307, 352 I.P.C., P.S. Ramgarh Taal, District Gorakhpur.

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Learned counsel for the applicant submits that as per F.I.R. version on 03.04.2023, on account of old enmity and animosity the applicant and other co-accused armed with lathi danda attached upon the house of informant, in which informant, his brother, father, mother and sister have sustained grievous injuries at their persons and in the said incident his brother become unconscious and he was admitted to the Medical College from where he was referred to another hospital and then he was admitted in private hospital. It is further contended that there is cross case, both sides have received injuries. He further submits that general allegation has been levelled against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and the applicant is languishing in jail since 06.04.2023.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, registration of the cross case, general allegation against the applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rajesh Nishad involved in aforesaid case crime be released on bail on

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his furnishing a personal bond and two heavy sureties each (one should be of family member) in the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 22.5.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Rajesh Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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