Ramkaran Nishad v. State of U.P.And 3 Others

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47794 of 2023 Applicant :- Ramkaran Nishad Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the allegations levelled in the FIR, three persons named in the FIR manhandled the daughter of the informant through her arm.

¶3It is argued that one of the co-accused Ranjeet Pal has been enlarged on bail vide order dated 31.10.2023 passed in Crl. Misc. Bail Application No. 45830 of 2023 and the present applicant has no criminal history.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the facts that the co-accused of similar allegations has been enlarged on bail, the applicant who has no criminal history and is in custody since 26.7.2023 is enlarged on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Ramkaran Nishad be released on bail in FIR/ Case Crime No. 286 of 2023, under Sections 323, 506, 354, 354-A, 354-B IPC & 7/8 POCSO Act & Section 67 I.T. Act & 6 of the Indecent Representation of Women (Prohibition) Act, 1986 & 3(2) 5Ka, 3(1) Dha and 3(1)B SC/ST Act, P.S. Paniyara, District Maharajganj, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 8.11.2023 S.A. High Court of Judicature at Allahabad