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

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

What the court decided

AI extract

Outcome

Regular bail granted to applicant Chhedi Lal Nishad in Case Crime No. 364 of 2024 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (no tampering with evidence; presence before trial court at specified stages); sureties to be verified before release order.

Issue for consideration

Whether the applicant Chhedi Lal Nishad is entitled to regular bail under Section 483 of BNSS in Case Crime No. 364 of 2024, Police Station Bithoor, District Kanpur Nagar, for offences under Sections 191(2), 109(1), 125, 125(B), 351(2), 351(3), 352, 121(1), 121(2), 132 of BNS. +1 more

Court's answer

The applicant is to be released on bail on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order.

Ratio / Principle

Bail granted to the applicant principally on the ground of parity with the similarly placed co-accused Ramchandra Alias Barsati, who had already been granted bail by this Court, without expressing any opinion on the merits of the case.

Key takeaways

Bail conditions imposed: the applicant shall not tamper with the evidence and shall remain present in person before the trial court on the dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; deliberate absence without sufficient cause may be treated as abuse of the liberty of bail, and breach of any condition is a ground for cancellation of bail.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Chandra Dhari Singh, J.) allowed a regular bail application under Section 483 of BNSS by Chhedi Lal Nishad, accused in Case Crime No. 364 of 2024, Police Station Bithoor, District Kanpur Nagar, for offences under Sections 191(2), 109(1), 125, 125(B), 351(2), 351(3), 352, 121(1), 121(2) and 132 of BNS. Bail was granted solely on the ground of parity, the similarly placed co-accused Ramchandra Alias Barsati having already been granted bail by a co-ordinate Bench vide order dated 15.5.2025 in Criminal Misc. Bail Application No. 3007 of 2025; the Court expressly refrained from expressing any opinion on the merits. The applicant, in custody since 19.12.2024, was directed to be released on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions against tampering with evidence and requiring personal presence before the trial court at the stages of opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; breach of conditions was declared a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:87506

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6856 of 2025

Applicant :- Chhedi Lal Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Chandra Dhari Singh,J.

The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 364 of 2024 under Sections 191(2), 109(1), 125, 125(B), 351(2), 351(3), 352, 121(1), 121(2), 132 of BNS, Police Station - Bithoor, District - Kanpur Nagar.

Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused Ramchandra Alias Barsati has already been granted bail by co-ordinate Bench of this Court vide order dated 15.5.2025 passed in Criminal Misc. Bail Application No. 3007 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 19.12.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

Heard Sri Sanjay Kumar Verma, learned counsel for the applicant, Sri Om Prakash Mishra, learned AGA and perused the material available on record.

Taking into consideration of aforesaid reasons as stated above

and the fact that similarly placed co-accused Ramchandra Alias Barsati has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

Let the applicant - Chhedi Lal Nishad, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 22.5.2025 S.K.S.

(Chandra Dhari Singh,J.)

Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad