Nishant Alias Nishu Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Nishant Alias Nishu Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release of the applicant on bail in respect of the offences under Ss.148/307/506 IPC, subject to satisfaction of the trial court, furnishing of two sureties (each a personal bond with its monetary amount), and compliance with the five enumerated conditions; breach of any condition entitles the trial court to cancel the bail as per procedure.

Issue for consideration

Whether the applicant — already once granted bail under Ss.147/149/342/323/504 IPC before the investigating officer added Ss.148/307/506 IPC during the inquiry — is entitled to bail on the basis of parity with the co-accused who have already been granted bail by the same bench, taking into account the nature and gravity of the offences and the absence of objectionable content.

Court's answer

The court found the applicant to be on par with ('केस भी समान') co-accused Manish and others whose bail applications were accepted by the same bench on 12.05.2025 (Bail Appn. No. S./15919 of 2025), and accordingly held that the applicant is likewise entitled to obtain bail on the basis of parity/equality with the co-accused; this parity assessment rested inter alia on the medical report recording the alleged injuries of the added offences as of general routine nature with no fracture.

Ratio / Principle

Having considered, in the context of defence counsel's rebutting arguments, the facts and circumstances available on record taken as a whole, the nature and seriousness of the offences, the absence of any concrete objectionable material, and the absence of likelihood of tampering with the available material, the presiding judge expressed the opinion ('मेरी राय में') that there was fit/appropriate ground to release the applicant on bail.

Key takeaways

Without any further comment on the merits ('वाद के सूर पर बिना किसी टिप्पणी'), the court ordered the applicant's release on bail in respect of the aforementioned offences, conditioned upon satisfaction of the trial court and furnishing of two sureties, each comprising a personal bond together with its monetary amount, subject to the enumerated behavioural conditions.ratio¶12
On violation of any of the five bail conditions — non-tampering with exhibits/evidence; no threatening or coercing of witnesses/complainants; obedience to court orders and punctual, honest attendance at hearings; no misuse of bail privileges, seizure in other criminal cases or commission of other offences; and no inducement of, threats to, or promises to witnesses or police officials calculated to deter truthful testimony — the trial/examination court is empowered to cancel the applicant's bail in accordance with the prescribed procedure.ratio¶18

Detailed headnote1 paragraphs

Bail Application Allowed — High Court of Judicature at Allahabad (Court No. 86), single bench of Dr. Gautam Chowdhary, J.; Neutral Citation No. 2025:AHC:80968; Order dt. 16.5.2025. Criminal Misc. Bail Application No. 16653 of 2025 of applicant 'Nishant alias Nishu' (main case crime No. 482/2023, u/s 148/307/506 IPC, P.S.-area printed as 'Sadar Bazar', District Saharanpur) was allowed. The applicant had earlier been granted bail under Ss.147/149/342/323/504 IPC by the Chief Judicial Magistrate, but during the inquiry/vetting the investigating officer added Ss.148/307/506 IPC, occasioning this fresh application. Anchoring on parity — co-accused 'Manish' and others having obtained bail from this very bench on 12.05.2025 (Bail Appn. No. S./15919 of 2025) — and on the medical report certifying the alleged injuries as of general routine nature with no fracture, and weighing, against defence counsel's rebuttals, the record-facts as a whole, the nature/gravity of the offences, and the absence of concrete objectionable material or likely tampering, the judge found fit ground to release the applicant on bail. Release was ordered without further merit-comment, subject to the trial court's satisfaction, furnishing of two sureties (personal bond with monetary component each) and five behavioural conditions (no tampering with exhibits/evidence; no threatening or coercing of witnesses/complainants; obedience to court orders with punctual, honest hearing attendance; no misuse of bail liberty, seizure in other cases or other offences; no inducement, threats or promises to witnesses or police), breach whereof empowers the examining court to cancel the bail per prescribed procedure. No precedent case is cited and no monetary figure appears; no impugned or rejected prior order is identified in the text.