Jagdamba Nishad v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14215 of 2023 Applicant :- Jagdamba Nishad Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Umesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Umesh Kumar Pandey, the learned counsel for the applicant, Sri Pramod Kumar Shukla, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 510 of 2023, under Sections 364, 120-B I.P.C., registered at Police Station Kotwali Bikapur, District Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.10.2023 alleging that the informant's father in law was abducted from his home on 22.09.2023.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. In the statement of the victim recorded under Section 161 Cr.P.C. he has stated that he had been abducted by seven persons with the object of getting a sale deed executed by him in respect of a land. The co-accused persons Rajendra Prasad, Vishal Verma, Dharmendra Pandey and Ram Sevak have already been granted bail in the present case.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 22.09.2023, whereas the F.I.R. was lodged on 01.10.2023; that four co-accused persons have already been enlarged on bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 02.10.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Jagdamba Nishad 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 4.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench