Nitin vs State of U.P.

Neutral Citation No. - 2025:AHC:75073

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7300 of 2025

Applicant :- Nitin Opposite Party :- State of U.P. Counsel for Applicant :- Ghan Shyam Das Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Shri Kavish Suhail, Advocate has filed his power on behalf of the informant is taken on record.

¶7

Heard Shri Ghan Shyam Das, learned counsel for the applicant, Shri Brijesh Pratap Singh, learned AGA for the State-respondent and Shri Kavish Suhail, learned counsel for the informant.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No.198 of 2024, under Sections 189(4), 117(2), 103(1), 115(2) B.N.S. and Sections 25/27 Arms Act, Police Station Kasna, District Gautam Budh Nagar, during pendency of the trial in the court below.

¶9

Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused alongwith coaccused Shekhar, Akash Alias Alizan and Sundar and after considering the entire facts of the case in detail, co-accused Shekhar and Akash Alias Alizan have been released on bail by this Court vide order dated 23.01.2025 passed in Criminal Misc. Bail Application Nos.45486 of 2024 and 45546 of 2024, respectively and co-accused Sundar has been released on bail by this Court vide order dated 18.04.2025 passed in Criminal Misc. Bail Application

¶10

No.11890 of 2024 and on facts, case of applicant is at par with them.

¶11

He further submits that however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and he is in jail in the present matter since 19.08.2024 i.e. for last more than eight months.

¶12

Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

¶13

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

¶14

Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed three co-accused Shekhar, Akash Alias Alizan and Sundar have already been released on bail by this Court and criminal history of three cases of the applicant has been explained in the instant bail application and he is in jail in the present matter since 19.08.2024 i.e. for last more than eight months, in my view, applicant is entitled to be released on bail.

¶15

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

¶16

Let the applicant- Nitin , 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:-

¶17

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶18

(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.

¶19

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

¶20

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.

¶21

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.

¶22

Order Date :- 7.5.2025 Zafar

¶23

Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Nitin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nitin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vijayee vs State of U.P.

Vishal Khurana vs State of U.P.

Chirag vs State of U.P.

Ravi Kumar vs State of U.P. and Another

Manish Mishra vs State of U.P.

Kaluwa vs State of U.P.