Allowed

Angad Nishad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Allahabad HC9 Jan 2024BAIL/267/2024

Case brief

AI extract

What is this about?

Bail application for an accused charged with rioting and assault on police constables during trial. The court noted only simple injuries to the injured constables, filing of the charge-sheet, detention since October 2023, and bail granted to an identically placed co-accused, and allowed the bail application.

What did the court decide?

Applicant Angad Nishad to be released on bail on furnishing personal bond with two sureties, subject to stated conditions.

Angad Nishad vs State of U.P. Thru. Its Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27181

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 267 of 2024

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Applicant :- Angad Nishad Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. Of U.P. Lucknow Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Suyesh Pradhan, learned counsel for the accusedapplicant as well as learned A.G.A. for the State and perused the record.

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Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary and charge-sheet in this case has already been filed.

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This application has been moved by the accused/applicant- Angad Nishad for grant of bail in Case Crime No.0604 of 2023, under sections 147, 323 and 307 IPC lodged at police station Kotwali Ayodhya, district Faizabad/Ayodhya, during trial.

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Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution. The allegations which have been levelled in the FIR are with regard to various persons, however, it was only the applicant and co-accused -Angad Nishad who were specifically named and general role of assault has been assigned to all the accused persons, including the named accused persons, however, only lacerated wounds are shown to have been found on the head of the injured persons (police constables) and no grievous injury is shown to have been sustained by them. It is vehemently submitted that the applicant is languishing in jail in this case since 27.10.2023 and having regard to the medical reports of the injured police constables, the ingredients of section 307 may not attract. Criminal history of two cases shown against the applicant has been explained in para-2 of the supplementary affidavit filed today. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty. Identically placed co-

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accused Ganesh Nishad @ Kallu has been granted bail by this Court, vide order dated 21.3.2024 passed in Crl. Misc. Bail Application No. 2663 of 2024

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail.

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Considering the fact that the simple injuries are shown to have been received by the two police constables, charge-sheet in this case has already been filed, and the applicant is in detention in this case since 27.10.2023, a case for bail is emerging in favour of the applicant. Identically placed coaccused Ganesh Nishad @ Kallu has been granted bail by this Court.

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In result, the instant bail application is allowed.

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Let the accused/applicant- Angad Nishad , involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 2.4.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Angad Nishad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Case brief

What is this about?

What did the court decide?

Angad Nishad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. of U.P. Lucknow

Case brief

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What did the court decide?

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