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2025 DAILYLAW 103585 (ALL)

NIMISH @ NIMISH SINGHAL v. State of UP

BAIL/37487/2024 · 2025-04-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67398 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37487 of 2024 Applicant :- Nimish @ Nimish Singhal Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A.,Sandeep Mishra,Vishvendra Singh Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Shri Vivek Kumar Maheshwari, learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State as well as Shri Sandeep Mishra, learned counsel for the informant and perused the record. 2. By means of the instant bail application, the applicant, Nimish @ Nimish Singhal, seeks bail in Case Crime No. 0803 of 2023, under Section 411 I.P.C., Police Station Nandram, District Ghaziabad. 3. Learned counsel for the applicant submits that initially the applicant applied for bail before the court concerned for the offence under Sections 147, 323, 504, 506, 342, 386, 34 and 120-B I.P.C., which was rejected by the court concerned. Thereafter, applicant applied for bail before this Court which was rejected vide order dated 01.03.2024 passed in Criminal Misc. Bail Application No. 8438 of 2024. In the meanwhile, the Investigating Officer added Section 411 I.P.C. against the applicant while forwarding charge sheet. Thereafter, the applicant filed his second bail application before this Court, which too was rejected vide order dated 01.04.2025 passed in Criminal Misc. Bail Application No. 37565 of 2024. At the time of filing of the bail application either before the court below or before this Court the applicant was not having knowledge regarding addition of Section 411 I.P.C., therefore, he has filed the present bail application under Section 411 I.P.C. The applicant is languishing in jail since 21.10.2023. 4.Learned counsel for the opposite party no.2 as well as learned A.G.A. for the State have vehemently opposed the bail prayer by contending that since for the offence under Sections 147, 323, 504, 506, 342, 386, 34, 120-B I.P.C. the first and second bail application has already been rejected, therefore, the present bail application in added section deserves to be rejected. 5. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact since for the offence under Sections 147, 323, 504, 506, 342, 386, 34, 120-B I.P.C., the bail application of the applicant has already been rejected, therefore, the present bail application filed under Section 411 I.P.C. deserves to be rejected. 6. Accordingly, the bail application of applicant-Nimish @ Nimish Singhal, is rejected. Order Date :- 29.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad