Sunil Nishad vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:5535

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2738 of 2024

Applicant :- Sunil Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A.,Mayank Dwivedi

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Hon'ble Shree Prakash Singh,J.

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Heard Shri Dheeraj Awasthi, learned counsel for the applicant, Ms. Satakshi Shukla, Advocate holding brief of Shri Mayank Dwivedi, learned counsel for the victim as well as learned AGA for the State and perused the material placed on record.

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Instant application has been filed with the prayer to enlarge the applicant- Sunil Nishad on anticipatory bail in Case Crime (FIR) No. 316 of 2024, under Sections 191(2), 193(3), 190, 115(2), 109, 61(2) BNS and Section 7 Criminal Law (Amendment) Act, Police Station Gangaghat, District Unnao.

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Perusal of the record it transpires that the short counter affidavit has been filed by counsel for the victim but there is no fact that the applicant is absconding from investigation proceedings. The State has also not raised any adversarial fact with respect to any non-cooperation in the investigating proceedings.

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From perusal of the order sheet, it appears that on 13.12.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:-

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"Vakalatanama along with short counter affidavit filed by Sri Mayank Dwivedi, learned counsel on behalf of the victim is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 316 of 2024, under Sections 191 (2), 193 (3), 190, 115 (2), 109, 61 (2) BNS and Section 7 of the Criminal Law Amendment Act, Police Station -Gangaghat, District-Unnao.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that the main role has been assigned to one Monu for committing offence and the present applicant is not involved in committing the alleged offence. He added that in the affidavit filed by the victim it is evident that the applicant was not present on the spot and he is suffering hard without committing offence. He submitted that identically situated coaccused Ashish has already been granted bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.81 of 2024, vide order dated 6.11.2024. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid but he failed to show the complicity of the applicant in the alleged crime.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sunil Nishad shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on

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each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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List/put up this matter in the third week of January 2025.

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In the meantime, learned counsel for the State may file counter affidavit."

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From perusal of the order dated 13.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Sunil Nishad till disposal of the trial subject to the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/intimidate the prosecution witness.

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In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection.

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Order Date :- 27.1.2025 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sunil Nishad v. State of U.P. Thru. Prin. Secy. Home Lko

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Sunil Nishad v. State of U.P. Thru. Prin. Secy. Home Lko

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