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2025 DAILYLAW 198907 (ALL)

SUNEEL KUMAR NISHAD @ SETTHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/5274/2025 · 2025-10-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5274 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amar Nath Dubey, the learned counsel for the applicant, Sri Mayank Sinha, learned AGA for the State and perused the record. 2. This second application has been filed seeking release of the applicant on bail in Case Crime No. 358/2024, under Sections 115(2), 110, 352, 351(2), 191(2), 191(3), 103 of B.N.S., Police Station Kadipur, District Sultanpur. 3. First bail application No. 10301 of 2024 was rejected by means of an order dated 18.03.2025 after recording that after arguing the matter at some length, the learned counsel for the applicant has stated that the application may be dismissed as not pressed and the applicant will file second bail application after examination of the witnesses of facts. Thus second bail application has been filed. 4. Statement of PW-1 has been recorded by the trial court, a copy whereof has been annexed with the rejoinder affidavit wherein he has levelled similar allegations against all the accused persons. Co-accused Roshan Nishad has been granted bail by means of an order dated 26.09.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 9377 of 2025. 5. As the role assigned to the applicant is similar to that assigned to Roshan Nishad as per FIR version and even as per the statement recorded by the trial court, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. Versus Counsel for Applicant(s) : Amar Nath Dubey Counsel for Opposite Party(s) : G.A. Suneel Kumar Nishad @ Setthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Accordingly, this bail application stands allowed. 7. Let the applicant- Suneel Kumar Nishad @ Setthi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. October 10, 2025 Pradeep/- BAIL No. 5274 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench