Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6901 of 2021 Applicant :- Rohit Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.318 of 2020, under Sections 376-D, 328, 504, 506 I.P.C., Police Station Khanpur, District Ghazipur during the pendency of trial.
It is submitted by learned counsel for the applicant that Ashwani Nishad (father of applicant) had lodged an F.I.R. on 08.08.2020, under Sections 323, 376, 506 I.P.C. and Section 3/4 P.O.C.S.O Act, regarding an incident which took place on 07.08.2020 against Sonu Nishad, who is husband of Smt. Chanda Devi (informant of present case against the applicant), in which charge-sheet has been submitted against Sonu Nishad. It is next submitted that in the incident dated 07.08.2020, sister of applicant was raped by Sonu Nishad, therefore, Smt. Chanda Devi wife of Sonu Nishad lodged an F.I.R. on 31.10.2020 regarding an incident which is alleged to have taken place on 16.08.2020, under Sections 376-D, 328, 506 I.P.C. against Shivam Nishad and Rohit (applicant). It is next submitted that criminal proceeding against the applicant is nothing but counter blast of F.I.R. dated 08.02.2020 lodged by father of the applicant against husband of informant of this case. It is also pointed out that identically situated co-accused Shivam Nishad has been granted bail by the co-ordinate Bench of this Court vide order dated 29.06.2021 in Criminal Misc. Bail Application No.16334 of 2021 and the case of present applicant stands on similar footing to that of co-accused who has been granted bail. Applicant has no criminal history and he is languishing in jail since 03.11.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the fact that identically situated co-accused, Shivam Nishad has been granted bail.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties, considering the fact that father of applicant had already lodged an F.I.R. on 08.08.2020 against the husband of Smt. Chanda Devi, in which charge-sheet has been submitted against Sonu Nishad, therefore, possibility of false implication cannot be ruled out and other co-accused under similar accusation has already been granted bail by co-ordinate Bench of this Court, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. Hence, the bail application is hereby allowed.
Let the applicant - Rohit Nishad 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 concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021/Atul