Allowed

Nandu Alias Anand v. State of U.P.

Allahabad HC27 Jan 2025BAIL/1617/2025

Case brief

AI extract

What is this about?

The High Court allowed the applicant's bail application under Section 307 IPC. The court noted that no injury was caused to the police party, the applicant had been in jail for ten months, and criminal antecedents alone should not be grounds to deny bail if other factors favor release.

What did the court decide?

Bail granted on furnishing personal bond and two sureties subject to standard conditions.

Nandu Alias Anand vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:19203

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1617 of 2025

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Applicant :- Nandu Alias Anand Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Pradeep Kumar Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 250 of 2023, under Sections 307 IPC, Police Station Sirsaganj, District Firozabad, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however as per allegation applicant opened fire upon the police party but admittedly none of the police personal sustained any injury. He further submitted that admittedly it is a case of no injury.

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He further submitted that actually police is highly inimical with the applicant and earlier also applicant has falsely been made accused in as many as 28 cases and only due to previous criminal history, police implicated him in the present matter.

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He further submitted that entire criminal history of the applicant has been explained in the supplementary affidavit filed in support to the instant bail application.

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He further submitted that law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents bail application of an accused should not be withheld.

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He further submitted that in the present matter, applicant is in jail since 14.4.2024 i.e. for last almost ten months.

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Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case applicant is having criminal history of about 31 cases but could not dispute the fact that it is a case of no injury and no police personal sustained any injury and applicant is in jail in the present matter for last almost ten months.

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I have heard learned counsel for the parties and perused the record of the case.

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However, from the record it reflects that apart from the present case, applicant is having criminal history of about 30 cases but as far as merit of the present case is concerned, admittedly, it is a case of no injury.

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Further, entire criminal history of the applicant has been explained in the supplementary affidavit dated 7.2.2025 filed in support to the instant bail application.

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Further, this Court finds merit in the arguments advanced by learned counsel for the applicant that if otherwise case of bail is made out then ordinarily merely due to criminal history bail application of an accused should not be dismissed.

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Further, in the present matter, applicant is in jail since 14.4.2024 i.e. for last almost ten months.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Nandu Alias Anand, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 10.2.2025

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Ankita

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

Nandu Alias Anand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nandu Alias Anand v. State of U.P.

Case brief

What is this about?

What did the court decide?

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