Shivam Nishad vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Shivam Nishad vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to Shivam Nishad in Case Crime No. 04 of 2025 on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not tamper with evidence; (2) not indulge in any criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in trial; (4) appear regularly on each date fixed by the trial court unless appearance exempted through counsel; breach of conditions permits the court below to cancel bail.

Issue for consideration

Whether accused-applicant Shivam Nishad, involved in Case Crime No. 04 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of I.T. Act, P.S. Ramgarhtal, District Gorakhpur, should be enlarged on bail under Section 483 BNSS, 2023.

Ratio / Principle

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

Key takeaways

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering, no criminal activity, no pressurising prosecution witnesses, regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.), by order dated 11.4.2025 in Criminal Misc. Bail Application No. 4561 of 2025 under Section 483 BNSS, 2023, allowed bail to Shivam Nishad in Case Crime No. 04 of 2025, P.S. Ramgarhtal, District Gorakhpur, for offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of I.T. Act. Per counsel, the applicant was not named in the FIR (lodged 1.1.2025 by Raj Kumar against Raja and three unknown persons) and had no criminal antecedent; he was in custody since 3.1.2025. Without commenting on merits, and considering the nature of accusations, severity of punishment, supporting evidence and apprehension of witness tampering, the Court directed release on a personal bond with two reliable sureties each, subject to conditions of non-tampering, non-indulgence in criminal activity, non-intimidation of prosecution witnesses and regular trial attendance, with liberty to the court below to cancel bail on breach.

Neutral Citation No. - 2025:AHC:54698

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4561 of 2025

Applicant :- Shivam Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Yadav,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Shivam Nishad , seeking enlargement on bail in Case Crime No. 04 of 2025 , under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 & Section 66(D) of I.T. Act, Police Station Ramgarhtal, District Gorakhpur.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 3.1.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. F.I.R. was lodged on 1.1.2025 by the first informant Raj Kumar against one named person Raja and three unknown persons. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

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

Accordingly, the bail application is allowed .

Let the accused-applicant, Shivam Nishad , involved in above mentioned case crime number 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 following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 11.4.2025 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad