Ajay Kumar Nishad @ Ajay v. State of U.P. Thru. Prin. Secy. Home U.P. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12504 of 2023 Applicant :- Ajay Kumar Nishad @ Ajay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Nishad,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶2Heard Shri Manoj Kumar Nishad, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved by the accused/applicant-Ajay Kumar Nishad @ Ajay for grant of bail, in case Crime No. 191/2023, under Section 3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Maharajganj, District Ayodhya, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the single case mentioned in the gang chart, however, in the single case mentioned in the gang chart he has been granted facility of bail by a Coordinate Bench of this Court, vide order dated

11.5.2022 passed in Crl. Misc. Bail Application No. 4633 of 2022 and a copy of bail order pertaining to this case is placed on record as Annexure No. 3 to the bail application.

¶5It is further submitted that apart from the above mentioned single case criminal history of two more cases have been shown against the applicant, however, in one of such case the applicant appears to have confessed and has been sentenced with fine of Rs. 600/- along with default clause and in another case he has been granted bail by Court of Sessions Judge, Faizabad/ Ayodhya, vide order dated 15.7.2022 passed in Bail No. 1464 of 2022.

¶6It is also submitted that confession has been made by the applicant in connection with a case pertaining to Section 60 of Excise Act on the advice of his counsel otherwise the applicant was falsely implicated therein, however, the fine which was imposed by the trial court has been deposited and the applicant has not undergone any sentence.

¶7It is further submitted that identically placed co-accused person, namely, Mantram @ Mantu Nishad (Gang Leader), Bablu Nishad and Indal Nishad @ Diwaker Nishad have been granted bail by this Court and by a Coordinate Bench of this Court, vide orders dated 3.10.2023, 3.10.2023 and 13.10.2023 passed in Crl. Misc. Bail Application Nos. 11790 of 2023, 11772 of 2023 and 12215 of 2023, respectively. The applicant is in jail in this case since 23.08.2023 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Otherwise also the allegations levelled in the First Information Report of the instant case are not sufficient enough to attract a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶8Learned A.G.A. on the other hand submits that the applicant is accused of committing heinous offence and therefore, he is not entitled to be released on bail.

¶9Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicant has been involved in this case on the basis single criminal case mentioned in the gang chart and in this case he has been granted bail by a Coordinate Bench of this Court. Apart from the single case mentioned in the gang chart the applicant is shown to be involved in other two criminal cases and these cases have been sufficiently explained. Identically placed co-accused person, namely, Mantram @ Mantu Nishad (Gang Leader), Bablu Nishad and Indal Nishad @ Diwaker Nishad have been granted bail by this Court and by a Coordinate Bench of this Court. The applicant is in jail in this case since 23.08.2023. His presence may be secured before the trial court by placing adequate conditions.

¶10Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶11Let applicant-Ajay Kumar Nishad @ Ajay involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 19.10.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench