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

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

What the court decided

AI extract

Outcome

Release of the accused-applicant Deepak 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 conditions of not tampering with evidence, not indulging in criminal activity, not pressurizing/intimidating prosecution witnesses while co-operating in the trial, and regular appearance before the trial court; breach of any condition permits the court below to cancel bail.

Issue for consideration

Whether bail should be granted to the accused-applicant Deepak Nishad in Case Crime No. 404 of 2024 (P.S. Maudaha, District Hamirpur).

Court's answer

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

Ratio / Principle

On the foregoing assessment, the bail application is allowed.

Key takeaways

The accused-applicant Deepak Nishad 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 with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses and co-operation in trial, regular appearance before the trial court); on breach of any condition, the court below is free to proceed to cancel bail.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J., order dated 19.3.2025) allowed the bail application (Criminal Misc. Bail Application No. 9171 of 2025) moved under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Deepak Nishad in Case Crime No. 404 of 2024, under Sections 310(4), 317(2), 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of Arms Act, Police Station Maudaha, District Hamirpur. The applicant, languishing in jail since 6.10.2024 with one criminal antecedent, obtained parity with co-accused Gopal, already enlarged on bail by a co-ordinate Bench on 15.1.2025 in Criminal Misc. Bail Application No. 43570 of 2024; the learned AGA opposed the prayer but conceded that the co-accused had been granted bail. Without commenting on the merits, the court held a case for bail made out and ordered release on a personal bond and two reliable sureties each, in the like amount, subject to conditions of no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, and regular appearance before the trial court; breach entitles the court below to cancel bail.

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9171 of 2025

Applicant :- Deepak Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Singh Parmar Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Dharm Singh Parmar, learned counsel for the applicant, Shri Vijendra Kumar, 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 accusedapplicant, Deepak Nishad , seeking enlargement on bail in Case Crime No. 404 of 2024, under Sections 310 (4), 317 (2), 317 (4) of the Bharatiya Nyaya Sanhita, 2023, Section 3/25 of Arms Act, Police Station Maudaha , District Hamirpur .

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 6.10.2024 Learned counsel for the applicant submits that similarly circumstanced co-accused Gopal has already been enlarged on bail by co-ordinate Bench of this Court on 15.1.2025 in Criminal Misc. Bail Application No. 43570 of 2024. He has one case 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

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, Deepak 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 :- 19.3.2025 Ravi Prakash

(Ashutosh Srivastava, J.)

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad