Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13855 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43573 of 2024 Applicant :- Ravi Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar Nishad,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed in the Court today is taken on record. Heard learned counsel for the applicant, Shri R.K. Srivastava, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ravi Nishad, seeking enlargement on bail in Case Crime No. 180 of 2024, under Sections 323, 504, 506 and 307 of the Indian Penal Code, Police Station- Rudrapur, District- Deoria.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
28.05.2024. Learned counsel for the applicant submits that injuries sustained by the injured are on non-vital part of the body. He further submits that chargesheet has already been submitted by the Investigating Officer and no useful purpose would be served by detaining the applicant. He next submits that no witness is being examined and trial is also not proceeding. The applicant has no 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. Learned AGA has vehemently opposed the prayer for bail. 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, period of incarceration 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, Ravi 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 :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad