Allowed

Rinku Nishad v. State of U.P.

Allahabad HC12 Dec 2023BAIL/53072/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Rinku Nishad in a criminal trial case involving IPC offences of culpable homicide, intentional insult, and theft. The Court noted the applicant's non-inclusion in the FIR, lack of independent witnesses for alleged evidence recovery, absence of a Test Identification Parade, and that an identically placed co-accused was already granted bail. Withholding reaso

What did the court decide?

Applicant released on bail on personal bond and two sureties of like amount, subject to conditions regarding non-interference with evidence/witnesses and court appearance.

Rinku Nishad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:234914

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53072 of 2023

¶4

Applicant :- Rinku Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-respondent.

¶7

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 304 of 2023 under Section 394, 504 and 411 of I.P.C., Police Station- Bakhira, District- Sant Kabir Nagar, during pendency of the trial.

¶8

Counsel for the applicant contends that the applicant was not named in the first information report. The applicant was arrested along with two other co-accused and has been falsely implicated in the instant case. False recovery of a mobile phone has been shown from the applicant. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the police authorities. It is next contended that identically placed coaccused, Sunil, who was arrested along with the applicant, from whose possession Rs. 2,300/- was recovered, has been granted bail by this Court vide order dated 05.12.2023 passed in Criminal Misc. Bail Application No. 50415 of 2023. The applicant claims parity. The criminal history of the applicant has been explained in para no. 23 of the bail application. The applicant is in jail since 12.09.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶9

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶10

Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the police authorities. Identically placed coaccused, Sunil, has been granted bail by this Court. Further, the

¶11

applicant has remained confined for almost three months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶12

Let the applicant- Rinku Nishad, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

¶13

i. the applicant shall not temper with the prosecution evidence;

¶14

ii. the applicant shall not pressurize the prosecution witness;

¶15

iii. the applicant shall appear on each and every date fixed by the trial court.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 12.12.2023 S.S.

¶18

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Rinku Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rinku Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prem Vishwakarma Vs State of U.P.

Nishant Vs State of U.P.

Mukesh @ Bhairo Prasad Nishad Vs State of U.P.

Sonu Kushwaha Vs State of U.P.

Sunil Kumar Vs State of U.P.

Aasiv Vs State of U.P.