Allahabad High Court
Mahadev Nishad @ Shyam Nishad vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27077 of 2019
Applicant :- Mahadev Nishad @ Shyam Nishad
Opposite Party :- State Of U.P.
Counsel for Applicant :- K.K.Rao
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Kamlesh Kumar Tiwari, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Kamlesh Kumar Tiwari, learned counsel for the complainant as well as Sri Mayank Mishra, (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Dinesh Nishad, Ramesh Nishad, Anil Nishad, Sundaram Nishd and Mahadev alleging that on 30.1.2019 at 8:20 A.M. Sant Kumar Nishad(father of complainant) was shot dead. He sustained four gunshot injuries and died. During investigation it was found that Dinesh Nishad opened fire at deceased and role of other accused is extended upto exhortation only.
It is submitted by learned counsel for the applicant that co-accused namely Ramesh Nishad has already been granted bail by this Court vide order dated 1.7.2019 in Criminal Misc. Bail Application No. 25851 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 8.2.2019 (five months), criminal history of one case has been properly explained. Specific role of firing was attributed to co-accused Dinesh Nishad. The case of applicant is distinguishable from co-accused Dinesh Nishad. Police has shown recovery of countrymade pistol from Dinesh Nishad. There is no independent witness. The applicant has been falsely implicated. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained and the case of present applicant is identical to co-accused Ramesh Nishad who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mahadev Nishad @ Shyam Nishad involved in Case Crime No.31 of 2019, under Section 302, 147, 504 IPC, Police Station Belipar, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
OP
