Allowed

Ram Ashish Nishad v. State of U.P.

Allahabad HC16 Jan 2023BAIL/58943/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Court granted bail to the applicant, Ram Ashish Nishad, charged under the U.P. Gangster Act. Disposing of the matter without commenting on merits, the Court permitted enlargement on bail subject to strict conditions regarding tampering with evidence and appearance in court.

What did the court decide?

Applicant released on bail on personal bond and two sureties by supplying affidavit, subject to conditions against tampering with evidence and warrant issuance.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58943 of 2022

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Applicant :- Ram Ashish Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.

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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. 641 of 2022, under Section 3(1) of U.P. Gangster @ Anti Social Activities (Prevention) Act, 1986, Police Station- Khorabar, District- Gorakhpur.

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It is contended that according to the gang chart three cases have been shown against the applicant and in the said cases he has been granted bail by the courts concerned, copy of bail orders are annexed as Annexure-3, 4 and 5 to the affidavit. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 22.04.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Ram Ashish Nishad involved in 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:

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the applicant shall not temper with the prosecution evidence;

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the applicant shall not pressurize the prosecution witness;

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

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

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Order Date :- 16.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Ram Ashish Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Ashish Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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