Angad Nishad and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45244 of 2023 Applicant :- Angad Nishad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra,Ashok Kumar Yadav,Prem Shankar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Prem Shankar, learned counsel for the applicants, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No.66 of 2023, under Sections 147, 149, 323, 504, 506, 307 IPC, Police Station Aiims, District Gorakhpur, during the pendency of trial.

¶3Learned counsel for the applicants submits that in the alleged scuffle there are seven injured from the side of the informant but none of them has received any injury which may be called to be dangerous for life. It is also contended that in the alleged incident applicant no.2 has also received injuries. It is further contended that considering the nature of injuries and also the circumstances, it can be said that it is a case under Section 325 IPC. The occurrence had occurred on the provocation of the informant side. The applicants have no previous criminal history. There is no likelihood of their abscondence or tampering with the evidence. The applicants are in jail since

18.08.2023. In case the applicants are enlarged on bail, they will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicants are entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicants - Angad Nishad and Chandresh, involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 22.11.2023 Shahroz High Court of Judicature at Allahabad