Allowed

Anup Nishad v. State of U.P. and Another

Allahabad HC10 Feb 2023BAIL/6550/2023

Case brief

AI extract

What is this about?

A single Judge of the Allahabad High Court allowed the bail application of Anup Nishad, accused under Sections 376, 504, 506 IPC, who allegedly committed the crime against a major girl. The court noted the delay in FIR and lack of victim support, granting bail with strict conditions to prevent abuse of process.

What did the court decide?

Grant of bail on furnishing a personal bond and two sureties, subject to conditions regarding court attendance and no adjournment.

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

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6550 of 2023

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Applicant :- Anup Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrendra Nath Rai, Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 272 of 2022, under Sections 376, 504, 506 IPC, Police Station Kaptanganj, District Azamgarh, with the prayer to enlarge him on bail.

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Heard Sri Amrendra Nath Rai, learned counsel for the applicant and Sri Mithilesh Kumar, learned Additional Government Advocate for the State respondent.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the first information report has been lodged in pursuance of an order passed on the application moved by the complainant under Section 156(3) Cr.P.C. after a considerable delay without giving any plausible explanation. He further submitted that no alleged video has been recovered by the police or presented by the victim to the Investigating Officer. He further submitted that initially an F.I.R. was lodged by the mother of the victim as has been annexed at page 16 to the affidavit filed in support of the bail application wherein final report was submitted by the Investigating Officer as the victim has not supported the case of the prosecution. He further submitted that there is no chance of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence. He further submitted that the accused applicant does not have any criminal history as has been mentioned in paragraph no. 19 of the affidavit filed in support of the bail application. The accused applicant is languishing in jail since 26.10.2022, as such, he may be enlarged on bail.

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Per contra, learned A.G.A. appearing on behalf of the State-respondent opposed the bail application of the accused applicant but did not dispute the aforementioned

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facts as submitted by the learned counsel for the accused applicant.

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Considered the rival submissions and perused the material available on record.

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It transpires from the record that about the same incident initially an F.I.R. was lodged by the mother of the victim as has been annexed at page 16 to the affidavit filed in support of the bail application wherein final report was submitted by the Investigating Officer as the victim has not supported the case of the prosecution. No alleged video has been recovered by the police or presented by the victim to the Investigating Officer. The victim is a major girl.

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Considering all the facts and circumstances of the case, without commenting on the merits of the case, it appears just to enlarge the applicant on bail.

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Accordingly, the bail application filed on behalf of applicant is allowed .

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Let the applicant Anup Nishad involved in Case Crime No. 272 of 2022, under Sections 376, 504, 506 IPC, Police Station Kaptanganj, District Azamgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicant shall file an undertaking to the effect that he 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

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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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(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 10.2.2023 Arun

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

Anup Nishad v. State of U.P. and Another

Case brief

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Anup Nishad v. State of U.P. and Another

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