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2025 DAILYLAW 58785 (ALL)

DEEPAK NISHAD @ GOLU v. STATE OF U.P.

BAIL/16875/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87928 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16875 of 2025 Applicant :- Deepak Nishad @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Bahadur Singh,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Dhirendra Bahadur Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2025, under Sections 126(2), 115(2), 309(4), 351(2), 108, 61(2), 352 BNS, Police Station Kydganj, District Prayagraj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation, due to the abetment of applicant and others, deceased committed suicide but entire allegations levelled against the applicant are totally false. 5. He further submitted that even if the allegations are accepted although they are totally false then also, it cannot be said that due to the abetment of the applicant, son of the informant committed suicide. 6. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offence and his criminal history has been explained in the instant bail application. 7. He further submitted that applicant is in jail in the present matter since 14.4.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the arguments advanced by learned counsel for the applicant and nature of allegations levelled against applicant and the the fact that criminal history of solitary case of the applicant has been explained in the instant bail application, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Deepak Nishad @ Golu, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad