Allahabad High Court
Suresh Nishad vs State Of U.P. on 12 December, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53620 of 2022
Applicant :- Suresh Nishad
Opposite Party :- State of U.P.
Counsel for Applicant :- Anjali Singh,Sameer Shanker
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Ms. Anjali Singh, the learned counsel for the applicant, Sri Jai Kishan Chaurasiya, the learned A.G.A. for the State and perused the record.
3. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in S.T. No.17 of 2021, Case Crime No.03 of 2019, under Section 2/3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Ghurpur, District Prayagraj.
4. The gang-chart mentions involvement of the applicant in four cases namely (i) Case Crime No.68 of 2017, under Sections 147, 148, 323, 504, 506 IPC, Police Station Ghurpur, District Allahabad, (ii) Case Crime No.69 of 2017, under Section 427 IPC, Police Station Ghurpur, District Allahabad, (iii) Case Crime No.135 of 2017, under Sections 147, 188 and 341 IPC, Police Station Ghurpur, District Allahabad and (iv) Case Crime No.176 of 2017, under Sections 147, 188, 341 IPC, Police Station Ghurpur, District Allahabad.
5. The proceedings of the first case mentioned in the gang chart i.e. Case Crime No.68 of 2017 has already been quashed by means of an order dated 11.11.2019 passed by this Court in Application U/s 482 Cr.P.C. No. 39319 of 2019. In the second case i.e. Case Crime No.69 of 2017, the applicant stands acquitted by means of a judgment and order dated 8.12.2020 passed by the Judicial Magistrate, Court No.3, Allahabad. In the third case, this Court has passed an interim order dated 16.11.2018 in Application U/s 482 Cr.P.C. No.38588 of 2018 directing that no coercive action shall be taken against the applicant in Case Crime No.135 of 2017 and the applicant has been granted bail in the aforesaid case by means of an order dated 29.10.2022 passed by the Judicial Magistrate, Court No.3, Allahabad. The fourth case mentions in the gang chart is Case Crime No.176 of 2017, the proceedings whereof has been stayed by means of an order dated 01.10.2018 passed by this Court in Application U/s 482 Cr.P.C. No. 37094 of 2018.
6. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in 13 other cases, in four of which, the applicant has been acquitted.
7. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 01.11.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
8. Learned counsel for the applicant has submitted that the co-accused Vinod Nishad @ Sailani has already been granted bail by means of an order dated 6.12.2022 passed by this Court in Criminal Misc. Bail Application No.53643 of 2022.
9. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.
10. Having considered the aforesaid facts and submissions and keeping in view the fact that the proceedings of one of the four cases mentioned in the gang chart, have already been quashed by this Court and in another case, the applicant stands acquitted and proceeding of one case has been stayed by this Court and the applicant has been granted bail in the four cases mentioned in the gang chart and also keeping in view the fact that the co-accused has already been granted bail, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
11. Let the applicant- Suresh Nishad be released on bail in S.T. No.17 of 2021, Case Crime No.03 of 2019, under Section 2/3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Ghurpur, District Prayagraj on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
12. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 12.12.2022
Mini
