An accused is entitled to bail if there are no reasonable grounds to believe that he/she will commit an offense while on bail.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45635

of 2021

Applicant :- Pravesh Nishad

Opposite Party :- State of U.P.

Counsel for Applicant :- Budhi Sagar Tripathi,Vishwanath

Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The present bail application has been filed on behalf of the

applicant in Case Crime No. 199 of 2021, under Sections 457,

380, 411 I.P.C. at Police Station Ramgarh Taal, District

Gorakhpur with a prayer to enlarge him on bail.

Learned counsel for the applicant has stated that the first

information report has been lodged against unknown persons.

The name of the applicant was surfaced in the statement of co-

accused Ravi Nishad who was arrested during the investigation.

It is further stated that no incriminating article has been

recovered from the possession of the applicant. The applicant is

in jail since 24.06.2021. In these circumstances, the applicant is

entitled to be released on bail.

Learned A.G.A. has opposed the prayer for bail and submitted

that the applicant is having a criminal history of eight cases.

In response to the same, learned counsel for the applicant has

submitted that after being arrested in the present case, the

applicant has been roped in all the eight cases by the police just

to show the good work of the police. In all cases, the applicant

has already been enlarged on bail by the competent Court of

Jurisdiction.

It is next submitted that there is no possibility of tampering of

any evidence. In such circumstances, applicant is entitled for

bail. It is also submitted that the applicant will never misuse the

liberty of bail and shall fully cooperate in the investigation.

Considering the rival submissions of learned counsel for

parties, material available on record, as well as totality of facts

and circumstances, considering the bail orders of the accused-

applicant and without expressing any opinion on the merit of

the case, I am of the view that the applicant is entitled to be

released on bail.

Let applicant- Pravesh Nishad be released on bail in the

aforesaid Case Crime Number on his furnishing personal bond

and two reliable sureties each of the like amount to the

satisfaction of the court concerned subject to following

conditions:-

(1) Applicant will not try to influence the witnesses or tamper

with the evidence of the case or otherwise misuse the liberty of

bail.

(2) Applicant will fully cooperate in expeditious disposal of the

case and shall not seek any adjournment on the dates fixed for

evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial

court on the dates fixed for (a) opening of the case, (b) framing

of charge; and (c) recording of statement under Section 313

Cr.P.C.

(4) The party shall file computer generated copy of order

downloaded from the official website of High Court Allahabad,

self attested by it alongwith a self attested identity proof of the

said person(s) (preferably Aadhar Card) mentioning the mobile

number(s) to which the said Aadhar Card is linked, before the

concerned Court/Authority/Official.

(5) The concerned Court/Authority/Official shall verify the

authenticity of the computerized copy of the order from the

official website of High Court Allahabad and shall make a

declaration of such verification in writing.

Any violation of above conditions will be treated misuse of bail

and learned Court below will be at liberty to pass appropriate

order in the matter regarding cancellation of bail.

Order Date :- 6.1.2022

Saurabh