Vinod Kumar Nishad v. State of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9657 of 2023 Applicant :- Vinod Kumar Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko Counsel for Applicant :- Hom Narayan Awasthi Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Rejoinder affidavit filed on behalf of the applicant is taken on record.

¶2Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶3Heard Shri Hom Narayan Awasthi, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved by the accused/applicant-Vinod Kumar Nishad for grant of bail, in case Crime No. 186/2023, under Section 3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Payagpur, District Bahraich, during trial.

¶5Learned 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 one case mentioned in the gang chart, however, in this case mentioned in the gang chart he has been granted facility of bail by a Coordinate Bench of this Court, vide order dated 17.10.2023 passed in Crl. Misc. Bail Application No. 6358 of 2023 and a copy of bail order pertaining to this case placed on record as Annexures R.A.1 to the Rejoinder Affidavit.

¶6It is further submitted that apart from the above mentioned one case the applicant is also shown involved in one other criminal case and in this case also the applicant has been granted bail by the competent criminal court and a copy of bail order pertaining to this case placed on record as Annexure No.RA-2 to the Rejoinder Affidavit.

¶6It is further submitted that identically placed co-accused persons, namely, Israel, Prem Kumar @ Lukam Nishad and Satya Pal Yadav @ Chikna has been granted bail by the Coordinate Benches of this Court as well as by this Court, vide orders dated 25.8.2023, 28.6.2023 and 24.8.2023 passed in Crl. Misc. Bail Application Nos. 10667 of 2023, 8012 of 2023 and 10623 of 2023, respectively. The applicant is in jail in this case since 28.4.2023 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.

¶7Learned 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.

¶8Having 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 of one 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 this one case the applicant is shown involved in one other criminal case and in this case also the applicant has been granted bail by a competent criminal court. Identically placed co-accused persons, namely, Israel, Prem Kumar @ Lukam Nishad and Satya Pal Yadav @ Chikna have been granted bail by the Coordinate Benches of this Court as well as by this Court. The applicant is in jail in this case since 28.4.2023. His presence may be secured before the trial court by placing adequate conditions.

¶9Keeping 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.

¶10Let applicant-Vinod Kumar Nishad 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.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶13Observations 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 :- 27.10.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench