Deepu Nishad vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Deepu Nishad vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of accused-applicant Deepu Nishad on bail upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in the trial; regular appearance on every date fixed by the trial court unless exempted through counsel); breach of any condition entitles the court below to proceed to cancel the bail.

Issue for consideration

Whether the accused-applicant Deepu Nishad should be enlarged on bail in Case Crime No. 91 of 2025 (Sections 191(1), 191(2), 103(1), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Karchhana, District Prayagraj), considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima-facie case.

Ratio / Principle

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction, the nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima-facie case, but without commenting on the merit of the case, the Court found that a case for bail is made out.

Key takeaways

The bail application is allowed: the Court directed that accused-applicant Deepu Nishad be released on bail on his executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the conditions that (1) the applicant will not tamper with the evidence, (2) will not indulge in any criminal activity, (3) will not pressurize/intimidate the prosecution witnesses and will cooperate in the trial, and (4) will appear regularly on each and every date fixed by the trial court unless exempted through counsel; in the event of breach of any condition, the court below will be at liberty to proceed to cancel his bail.ratio¶13

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 22933 of 2025 (Neutral Citation 2025:AHC:103720), High Court of Judicature at Allahabad, Court No. 66; Hon'ble Ashutosh Srivastava, J. (single judge); Order Date 3.7.2025. Applicant Deepu Nishad (counsel: Chandra Prakash Singh) sought enlargement on bail in Case Crime No. 91 of 2025 under Sections 191(1), 191(2), 103(1), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Karchhana, District Prayagraj; opposite party State of U.P. (Sri Rajesh Kumar Singh, learned AGA; G.A.). Counsel urged that the applicant is innocent and falsely implicated with only a general role assigned in the FIR, that nothing incriminating was recovered from his possession, that the weapon used in the crime was recovered from co-accused Karan Nishad, that the applicant was not identified as the principal offender inflicting the fatal injury to the deceased, that his role is distinguishable from principal offender Karan Nishad, that he has been in jail since 19.03.2025, that he has no criminal antecedent and is unlikely to flee or tamper, and that parity exists with co-accused Badal Nishad who was granted bail by this Court on 06.06.2025 in Criminal Misc. Bail Application No. 19820 of 2025; the learned AGA opposed the bail prayer but could not dispute these submissions. Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering and prima-facie case, but without commenting on the merit of the case, the Court held a case for bail is made out and ALLOWED the application: release on a personal bond with two reliable sureties, subject to conditions barring tampering with evidence, criminal activity and pressure/intimidation of prosecution witnesses, and requiring regular appearance before the trial court; on breach of any condition, the court below may cancel the bail.