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2025 DAILYLAW 106363 (ALL)

SONU NISHAD v. State of U.P. AND ANOTHER

BAIL/40674/2024 · 2025-01-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12569 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40674 of 2024 Applicant :- Sonu Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 Bhartiya Nagrik Suraksha Sanita, has been moved on behalf of accused-applicant, Sonu Nishad, seeking enlargement on bail in Case Crime No. 424 of 2024 under Sections 115 (2), 352, 191 (2), 351 (3), 109 B.N.S., Police Station-Geeda, District-Gorakhpur. Learned counsel for the applicant argued that the accused- applicant is innocent. He is languishing in jail since 12.09.2024. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 07.09.2024 against two named and 10-12 unknown perosns.Applicant was not named in the First Information Report. General role has been assigned to all the accused persons. Criminal history of five cases have been explained in paragraph no. 5 of the supplementary affidavit 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. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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, Sonu 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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 :- 24.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad