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Allahabad High Court

DEEPAK NISHADversusSTATE OF U.P.

Decided

Holding

The bail application is allowed and the accused is released on bail subject to conditions.

Summary

The High Court considered a bail application filed by Deepak Nishad, who is accused in Crime No. 74 of 2026 under IPC sections 109(1), 117(2), 352, 351(2) and 324(4). The applicant pleaded innocence, citing a medical report that classified two injuries as simple and one as grievous, and argued that he has no involvement in the alleged offences. The prosecution opposed bail but did not contest the applicant's factual submissions. After reviewing the record and the nature of the allegations, the Court, without expressing an opinion on the merits, found the case suitable for bail. Accordingly, the Court ordered the applicant’s release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses or evidence, and abstaining from criminal activity.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under IPC sections 109, 117, 351, 352 and 324, considering the applicant's claim of innocence and prior criminal history.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • IPC sections 109, 117, 351, 352, 324
  • sureties
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30560 of 2026

Deepak Nishad
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Narendra Singh
Counsel for Opposite Party(s) : Aditaya Kumar Kashyap, G.A., Manish
                                Kumar Pandey

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant, learned counsel for opposite
party, learned A.G.A. and perused the record.

2. The applicant is involved in Case Crime No. 74 of 2026 under Sections
-109(1), 117(2), 352, 351(2), 324(4) BNS Police Station -Gwaltoli
District - Kanpur Nagar.

3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. As per
statement of Doctor recorded during the course of the investigation, the
injury nos.1 & 2 have been found simple and injury no.3 has been found
grievous in nature. It is also submitted that applicant is having no concern
with the allegations levelled against him and he has not committed any
offence as alleged by prosecution. The applicant has criminal history of
one cases, which has been explained in the affidavit filed in support of the
bail application. The applicant is in jail since 22.07.2026. Therefore, the
applicant is entitled for bail. Learned counsel for the applicant has further
submitted that if the applicant is released on bail, the applicant would not
misuse liberty of bail and is ready to co-operate in the trial.

4. Learned A.G.A. as well as learned counsel for opposite party has
opposed the prayer for bail but he has not disputed the above contention
made by the learned counsel for the accused-applicant.

5. Considering the facts and circumstances of the case, perusing the
                                                                                            BAIL No. 30560 of 2026
                                                                   2


                                    record and also considering the nature of allegations, arguments advanced
                                    by the learned counsel for the parties and without expressing any opinion
                                    on the merit of the case, I find it to be a fit case for granting bail.
                                    Accordingly, the bail application is allowed.

                                    6. Let applicant -Deepak Nishad be released on bail in the aforesaid case
                                    crime number on furnishing a personal bond and two reliable sureties of
                                    the like amount to the satisfaction of the court concerned subject to
                                    following conditions, which are being imposed in the interest of justice:-

                                    (i) The applicant shall appear before the trial court on the dates fixed,
                                    unless his personal presence is exempted.

                                    (ii) 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 or any police officer
                                    or tamper with the evidence.

                                    (iii) The applicant shall not indulge in any criminal and anti-social
                                    activity.

                                    7. In case of breach of any of the above condition, the prosecution will be
                                    at liberty to move an application before this Court for cancellation of the
                                    bail of the applicant.

                                    8. It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                        (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


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