Allowed bail to the applicant in a murder and intentional insult case. The High Court held that prosecution evidence is unreliable, the applicant named belatedly, and weapon was allegedly planted, without commenting on case merits.
Released on personal bond and two sureties each in the like amount to the satisfaction of the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:180637
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38247 of 2023
Applicant :- Atul Kumar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ujair Sarfraj,R.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.265 of 2022 and S.T. No.696 of 2023 at Police Station-Daraganj, DistrictAllahabad under Sections 302, 504 IPC. The applicant is in jail since 04.01.2023.
The bail application of the applicant was rejected by the learned trial court on 28.07.2023.
The following arguments made by Shri R.B.Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
an afterthought and unreliable.
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- Atul Kumar Nishad 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 19.9.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the instant criminal case.
1 provisions across 1 enactments
Atul Kumar Nishad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
