Nikhil Alias Nikit vs State Of U.P. And Another
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Allahabad High Court

Nikhil Alias Nikit vs State Of U.P. And Another on 3 June, 2024

Author: Ajay Bhanot

Bench: Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:101039
 

 
Court No. - 68
 

 
Case :- CRIMINAL APPEAL No. - 3487 of 2024
 

 
Appellant :- Nikhil Alias Nikit
 
Respondent :- State Of U.P. And Another
 
Counsel for Appellant :- A.C.Srivastava,Vinod Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ajay Bhanot,J.
 

Matter is taken up in the revised call.

Shri Niraj Kumar Tiwari, learned AGA on the basis of instructions submits that the notices upon the respondents have been served in light of the judgment rendered by this Court in Ajeet Chaudhary vs. State of U.P. & Another reported at 2021 (1) ADJ 559.

This criminal appeal under Section 14(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 04.03.2024 passed by the learned Additional Session Judge/Special Judge SC/ST Act, Meerut in bail application bearing No.1357 of 2024 arising out of Case Crime No.224 of 2022, under Sections 147, 148, 149, 307, 323, 302, 452, 354, 354-Kh, 504, 506 I.P.C. and Section 3(2)5 of SC/ST (Prevention of Atrocities) Act, Police Station-Mundali, District-Meerut. The applicant-appellant is in jail since 22.09.2017.

The bail application of the applicant was rejected by the learned trial court on 04.03.2024.

The following arguments made by Shri A.C.Srivastava, learned counsel assisted by Shri Subham Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Niraj Kumar Tiwari, learned AGA from the record and which the trial court neglected to consider, entitle the applicant for grant of bail:

1. The F.I.R. is the result of a dispute between the two rival fractions in the village.

2. The F.I.R. nominates 26 persons as the principal offenders who had assaulted the deceased and did him to death.

3. The applicant was not named in the F.I.R.

4. The applicant was nominated in the statement of one of the witnesses who was set up belatedly at the instance of inimical parties in the village.

5. The failure of the said witness to promptly inform the police authorities about the involvement of the applicant discredits the said statement.

6. The applicant does not have any criminal history apart from the instant case.

In the light of the preceding discussion, facts and circumstances of the case and in view of the nature of the offence and evidence the appellant has made out a case for bail. The trial court erred in rejecting the bail application. The impugned order dated 04.03.2024 is liable to be set aside and is set aside.

The appeal is allowed.

Let the appellant-Nikhil Alias Nikit be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The appellant will not tamper with the evidence or influence any witness during the trial.

(ii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023).

The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant.

Order Date :- 3.6.2024

Ashish Tripathi