Allahabad High Court
GAARAD NISHADversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The Court held that the applicant had made out a case for grant of bail and therefore allowed the bail application.
Summary
The High Court considered a bail application filed by Gaarad Nishad, who was arrested in connection with a case (Crime No. 89 of 2026) involving alleged assault, use of a country‑made pistol and iron rod, and injuries to the complainant. The applicant claimed innocence, alleging false implication and an old enmity with the informant, and pointed out that co‑accused Ramsaran Nishad had already been granted bail. The State opposed bail, asserting sufficient evidence of the applicant’s involvement. After reviewing the submissions, the record, the applicant’s period of incarceration since 20‑08‑2026, and his criminal antecedents, the Court found that the applicant had made out a case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties and several conditions to ensure his presence at trial. The order emphasized that the bail grant would not prejudice the trial judge’s independent assessment of the evidence.
Issues considered
- Whether the applicant Gaarad Nishad is entitled to bail despite the nature of the offences alleged under Sections 109, 191, 115, 352 and 351 of the B.N.S.
- Whether the applicant’s criminal antecedents and the evidence presented by the State preclude the grant of bail
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process
Legislation cited
- B.N.S. — s. 109, 115(2), 191(2), 191(3), 351(3), 352
- B.N.S.S. — s. 209, 351, 84
- Cr.P.C. — s. 313, 82
- Indian Penal Code — s. 174-A, 229-A
Subjects
- bail
- criminal procedure
- IPC
- Cr.P.C.
- B.N.S.
- false implication
- criminal antecedents
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34559 of 2026
Gaarad Nishad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akash Kumar Nishad, Ashutosh Kumar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant and the learned A.G.A. for the
State of U.P.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 89 of 2026, under Sections 109, 191(2), 191(3),
115(2), 352, 351(3) of B.N.S., Police Station- Barhalganj, District-
Gorakhpur.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further contended
that the F.I.R. has been lodged against the five named persons including
the accused-applicant on 25.02.2026 by the injured/informant with the
allegation that the informant is in the business of running of DJ. There
was an old enmity between the informant and the accused persons, which
led to the assault on him. Further submits that there was the specific role
of opening fire on the co-accused Abhishek Nishad and there is no gun
shot injury. The subsequent allegation is that the co-accused Abhishek
Nishad has assaulted the injured with butt of the country made pistol.
There are nine injuries including two complaints of pain, which are
simple in nature, except the one fracture on occipital region of skull.
Further submits that except the country made pistol, there is the use of
iron rod. Further submits that no specific role has been attributed on the
BAIL No. 34559 of 2026
2
accused-applicant. The charge sheet is submitted. The criminal history of
two cases of the applicant has been well explained in paragraph no. 3 of the
supplementary affidavit dated 26.09.2026. It is further submitted that co-
accused Ramsaran Nishad has been granted bail by a co-ordinate Bench of
this Court vide order dated 07.08.2026 passed in Crl. Misc. Bail Application
No. 26506 of 2026. Learned counsel for applicant further submits that
applicant has been languishing in jail since 20.08.2026 and in case, he is
released on bail, he will not misuse the liberty of bail and will cooperate in
trial.
5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submitted that there is ample evidence against the applicant
regarding his involvement in the offence, therefore, he is not entitled to be
released on bail.
6. I have considered the rival submissions of the parties and perused the
record.
7. Having considered the rival submissions advanced by learned counsel for
the parties, the nature of accusations, the evidence brought on record, the
period of incarceration undergone by the applicant, explanation of criminal
antecedents, and without expressing any opinion on the merits of the case,
this Court finds that the applicant has made out a case for grant of bail.
8. Accordingly, the bail application is allowed.
9. Let the applicant- Gaarad Nishad who is involved in the aforementioned
case crime be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned
subject to following conditions. Further, before issuing the release order, the
sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the date fixed for evidence when the witnesses are
present in Court. In case of default of this condition, it shall be open for the
Trial Court to treat it as abuse of liberty of bail and pass orders in
accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date
BAIL No. 34559 of 2026
3
fixed, either personally or through his counsel. In case of his absence,
without sufficient cause, the Trial Court may proceed against him under
Section 229-A IPC/ 269 B.N.S.
(iii) In case, the applicant misuses the liberty of bail during trial and in order
to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S.,
may be issued and if applicant fails to appear before the Court on the date
fixed in such proclamation, then, the Trial Court shall initiate proceedings
against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S.
(iv) The applicant shall remain present, in person, before the Trial Court on
dates fixed for (1) opening of the case, (2) framing of charge and (3)
recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the
opinion of the Trial Court absence of the applicant is deliberate or without
sufficient cause, then it shall be open for the Trial Court to treat such default
as abuse of liberty of bail and proceed against him in accordance with law.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Vivek Kumar Singh,J.)
September 28, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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