Kuldeep Nishad vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41042 of 2025

Kuldeep Nishad

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Pankaj Kumar Dwivedi
Counsel for Opposite Party(s) :	G.A.

¶5

Court No. - 70

¶6

HON'BLE HARVIR SINGH, J.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶8

By means of this application, the applicant who is involved in Case Crime No. 379 of 2025, under Sections 109(1) and 118(1) of B.N.S., P.S. Chaubepur, District-Varanasi, is seeking enlargement on bail during the trial.

¶9

Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that as per first information report, the accused-applicant with the intention to kill the son of the informant namely Dhurandar Yadav has assaulted him with axe. In the incident the alleged victim has received injuries. However, the report of N.C.C.T. Head reveals that the bones of the cranium and pericranial soft tissue appear normal. The orbital contents are unremarkable. The visualised para nasal sinuses are normal. He also submitted that from th e perusal of the N.C.C.T. report, it appears that the injuries sustained by the injured were not very much grievous in nature. He lastly submitted that the applicant, who is in jail since 13.6.2025 and has no criminal antecedents to his discredit is entitled to be enlarged on bail during pendency of the trial.

¶10

The prayer for bail has been vehemently opposed by learned A.G.A.

¶11

Keeping in view the nature of the offence, evidence, complicity of the

¶12

BAIL No. 41042 of 2025

¶13

2

¶14

accused, severity of the punishment, submissions of learned counsel for the parties and considering that the injuries sustained by the injured were not very much grievous in nature; the applicant has no criminal history; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

¶15

Let the applicant, Kuldeep Nishad be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶16

i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶17

ii. He will not tamper with the witnesses.

¶18

iii. He will not indulge in any illegal activities during the bail period.

¶19

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶20

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶21

(Harvir Singh,J.)

¶22

April 2, 2026 Faridul

¶23

Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Kuldeep Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep Nishad 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Anuj Yadav Vs State of U.P.

Ramchandar and Another Vs State of U.P.

Pravesh Dhama vs State of U.P.

Subhaan vs State of U.P.

Raddiya Akash Popat Bhai vs State of U.P.

Shyamlal Bhuiyan vs State of U.P.