The High Court allowed a second bail application filed by Nikhil Singh. Although the first application was rejected due to failure to surrender, the applicant's subsequent cooperation and non-refutation of arguments by the AGA entitled him to bail.
Applicant released on bail on furnishing a personal bond and two sureties in jointly and several liability.
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Neutral Citation No. - 2023:AHC:170971
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37317 of 2023
Applicant :- Nikhil Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
This is the second bail application. The first bail application was not rejected on its merits. However, the same was rejected since the applicant had failed to surrender before the learned trial court. Since then the applicant had been cooperating with the trial proceedings. Learned counsel for the applicant is accordingly permitted to argue other points which could not be raised in the first instance.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 83 of 2022 at Police Station Kotwali Hata District Kushinagar under Sections 323, 504, 506, 304, 308 I.P.C. The applicant is in jail since 25.04.2023.
The first bail application of the applicant was rejected by the learned trial court on 03.07.2023.
The following arguments made by Shri Vishveshwar Mani Tripathi, learned counsel on behalf of the applicant, which
could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Nikhil Singh be released on bail in the aforesaid case crime number, on furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 24.8.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
Nikhil Singh
Ajay Bhanot
As recorded by the court registry
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