Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 175559 (ALL)

SANDEEP NISHAD v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.

BAIL/10099/2025 · 2025-11-07

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10099 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.57 of 2025 under Section 115(2), 352, 351(3), 127(2), 317(2), 132, 121(1), 125, 324(2), 309(4) BNS, Police Station Haidarganj, District Ayodhya. According to the prosecution, on 28.05.2025, Sub-Inspector Saurabh Singh, along with Constables Kuldeep Yadav and Jaiprakash Yadav of Police Station Haiderganj, District Ayodhya, proceeded to Village Mau (Chauhan Ka Purwa) for maintaining peace and tracing wanted persons. During duty, they received information about a molestation incident in the same village, where PRV 0947 had reached following a 1090 complaint lodged by Smt. Shalini against Sandeep, son of Ram Kishan. When the police team reached Sandeep’s house for inquiry, the applicant and co- accused allegedly attacked the police party, abused and threatened them, tore Constable Kuldeep Yadav’s uniform, wrongfully confined him in a room, and snatched his mobile phone. They also pelted bricks, injuring the police personnel, and damaged the constable’s motorcycle and government documents. On receiving information, additional police force reached the spot Versus Counsel for Applicant(s) : Ranjeet Pal, Kaushal Tiwari Counsel for Opposite Party(s) : G.A. Sandeep Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s) and rescued the constable, while the accused fled. Learned counsel for the applicant submits that although an allegation of theft of a mobile phone has been levelled against the present applicant by the complainant, the other allegations are general in nature. It is further submitted that all the injured persons have sustained only simple injuries. The applicant has also duly explained the criminal history of seven cases in paragraph 2 of the supplementary affidavit. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the injured persons are police personnel and that the applicant has a criminal history. However, he could not demonstrate from the record or the X-ray report that any of the injured persons have sustained grievous injuries or fractures. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts and circumstances of the case; only general allegations of assault have been levelled against the applicant; the applicant has explained his criminal history; the injured persons have sustained simple injuries and none of them have suffered any grievous injury; the applicant is in jail since 31.05.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sandeep Nishad be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: BAIL No. 10099 of 2025 2 (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 7, 2025 Madhu D.R/P.S BAIL No. 10099 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench