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Allahabad High Court

AMAR NATH NISHADversusSTATE OF U.P.

Decided

Holding

The Court held that no case for bail exists and rejected the applicant’s bail application.

Summary

Amar Nath Nishad was charged under several IPC sections, including murder and attempt to murder, for a 28 November 2021 incident in which two persons were killed and several injured. The applicant claimed innocence, alleging that the informant's party was the aggressor and that witnesses' statements were contradictory. The prosecution presented eye‑witness testimony that the applicant fired at the deceased and assigned him a specific role in the shooting. The High Court, after reviewing the record and the earlier bail denial, found that the evidence linked the applicant to the firing and that the seriousness of the offences outweighed the applicant’s custodial hardship. Consequently, the Court rejected the second bail application, directing the trial court to expedite the trial within ten months.

Issues considered

  • Whether bail should be granted to an accused charged with murder, attempt to murder and other serious offences in view of the evidence linking him to the crime.
  • Whether the applicant’s prolonged custody and claim of false implication justify bail despite the prosecution’s case.
  • Whether the earlier rejection of bail precludes a fresh bail application.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • criminal procedure
  • evidence
  • trial delay
  • custody

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

      CRIMINAL MISC. BAIL APPLICATION No. - 3756 of 2025

Amar Nath Nishad
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Amit Kumar Srivastava, Chakrasudan
                                Dubey
Counsel for Opposite Party(s) : Satya Priya Mishra

Court No. - 91
                     HON'BLE RAJ BEER SINGH, J.

1. Heard learned counsel for the applicant, learned counsel for the informant,
learned A.G.A for the State and perused the record.

2. The present second bail application has been filed on behalf of the
applicant in Case Crime No. 418 of 2021, under Sections - 147, 148, 149,
323, 504, 506, 307, 302, 34 I.P.C., Police Station - Jhangha, District -
Gorakhpur, with the prayer to enlarge the applicant on bail.

3. The first bail application of applicant was rejected by this Court vide order
dated 13.02.2024, which is reproduced as below :-

     "1. Heard Sri V.P. Srivastava, learned Senior Advocate,
     assisted by Sri Manoj Kumar Mishra, learned counsel for the
     applicant, learned counsel for the informant, learned A.G.A.
     for the State and perused the material brought on record.

     2. The present bail application has been filed by the
     applicant in Case Crime No. 418 of 2021, under Sections -
     147, 148, 149, 323, 504, 506, 307, 302, 34 IPC, Police
     Station - Jhangha, District - Gorakhpur with the prayer to
     enlarge the applicant on bail.

     3. According to prosecution version, on 28.11.2021 on account
     of collision of motor-cycle of informant's son Vishal Yadav
     with accused Gulshan Kumar and Amar Nath, a quarrel has taken
     place. In that regard when the sister-in-law of the informant
     protested, co-accused Gulshan has hit her with a stick.
     Thereafter, applicant Amar Nath and co-accused persons have
     attacked the informant's party and that applicant-accused
     Amar Nath and co-accused Gulshan Kumar have made firing and
     resultantly several persons sustained injuries and out of of
                                                         BAIL No. 3756 of 2025
                               2

     them Vishal and Ram Kishun Yadav succumbed to injuries.

     4. It has been argued by learned Senior Advocate that
     applicant is innocent and he has been falsely implicated in
     this case. The site-plan of the spot was referred and it was
     stated that the informant's family was aggressor and this
     fact is further corroborated by the photographs of the spot.
     Regarding the same incident, a cross case was registered
     against the informant's party vide Case Crime No. 65 of 2022,
     under sections - 147, 148, 149, 323, 504, 506, 354, 307
     I.P.C. Referring to injury reports of injured Chandrakali,
     Priyanka, Dayaram and Rinki, it was submitted that injuries
     appear fictitious and the injury report was prepared showing
     false injuries. Learned Senior Advocate submitted that the
     family members of the informant were aggressor and they have
     come at the applicant's house and they were armed with
     various weapons and attacked the accused persons. The nature
     of injuries sustained by deceased persons shows that the same
     were not caused by regular guns, whereas applicant has been
     assigned single barrel gun. There are contradictions in the
     statements of injured witnesses. Applicant is an infirm
     person and he was not able to participate in any such
     incident. Co-accused Sunil, Shailesh, Pawan and Vikas have
     been granted bail by the co-ordinate Bench of this Court vide
     order dated 06.12.2022. Lastly, it was submitted that
     applicant is languishing in jail since 01.12.2021 and that in
     case, applicant is enlarged on bail, he will not misuse the
     liberty of bail.

     4. Learned A.G.A. and learned counsel for the informant have
     opposed the prayer for bail and submitted that in the alleged
     incident, two persons have been murdered and four persons
     have sustained injuries. The applicant and co-accused Gulshan
     have been assigned the role of firing at deceased persons and
     injured. Both the deceased persons have suffered fire-arm
     injuries. The allegation that incident took place at house of
     the accused is wholly false and in fact incident took place
     near the land of informant. Learned counsel for the informant
     has referred statements of injured persons and submitted that
     role of applicant is distinguished from aforesaid co-accused
     persons, as the applicant and co-accused Gulshan have been
     assigned role of firing at the deceased persons, whereas said
     co-accused persons were not the author of the injuries
     sustained by the deceased persons. The role of applicant was
     distinguished in the bail order of said co-accused persons.
     Referring to statement of injured persons, it was submitted
     that there are serious allegations against the applicant.

     5. Considering submissions of learned counsel for the
     parties, nature of accusations, specific role of applicant-
     accused and all attending facts and circumstances of the
     matter, no case for bail is made out.

     6. Accordingly, the instant bail application filed on behalf
     of the applicant is rejected. "


4. Learned counsel for the applicant submitted that applicant is innocent and
he has been falsely implicated in this case. Regarding the incident in
question, a cross case was also lodged from the side of accused persons vide
                                                           BAIL No. 3756 of 2025
                                  3


Crime No. 65 of 2022, under Sections - 147, 148, 149, 323, 504, 506, 354,
307 I.P.C.. It was submitted that attending facts show that it was informant's
party, which was aggressor and they came at applicant's house and attacked
the accused persons. There are contradictions in the statements of injured
witnesses. Some of co-accused persons, namely, Sunil, Shailesh, Pawan and
Vikas have already been granted bail.

5. It is further submitted that first bail application of applicant was rejected
by this Court vide order dated 13.02.2024. Now all the material witnesses
have been examined before the trial Court. The informant / P.W.-1 Ramayan
Yadav has not assigned any specific role to the applicant. The statement of
P.W.-2 Indal Yadav and other witnesses that applicant has caused fire-arm
injuries to Ram Kishun is false. It is further submitted that material
witnesses have already been examined thus, there is no possibility of
tampering with evidence. It was submitted that applicant is languishing in
jail since 01.12.2021 and trial of the case is likely to take sufficient long
time. Lastly, it was submitted that in case, applicant is granted bail, he shall
not misuse the liberty of bail.

6. Learned A.G.A. and learned counsel for the informant have opposed the
prayer for bail and submitted that first bail application of applicant has
already been rejected on merits. There are statements of eye witnesses to the
effect that applicant was having a gun and he has fired a bullet at deceased
Ram Kishun. In the alleged incident, two persons have been murdered and
several other persons have sustained injuries. Role of firing at deceased
persons has been assigned to applicant and co-accused Gulshan Kumar.

7. I have considered the rival submissions and perused the record.

8. Perusal of record shows that in the alleged incident, two persons have
been murdered and several persons have sustained injuries. Role of firing at
deceased persons has been assigned to applicant and co-accused Gulshan
Kumar. The role of co-accused persons, who have been granted bail, is
                                                                                            BAIL No. 3756 of 2025
                                                                     4


                                    distinguished from applicant. Considering entire facts, no case for bail is
                                    made out.

                                    9. However, keeping in view the period of custody of applicant, the trial
                                    Court is directed to expedite the proceedings of trial and to conclude the
                                    same as early as possible preferably within a period of ten months from the
                                    date of receipt of copy of this order.

                                    10. With aforesaid observations, the second bail application filed on behalf
                                    of applicant - Amar Nath Nishad, is hereby rejected.

                                    11. A copy of this order be transmitted to the trial Court concerned for
                                    necessary compliance.




                                    February 24, 2026
                                    S Rawat                                                (Raj Beer Singh,J.)




Digitally signed by :-
SHOBHIT RAWAT
High Court of Judicature at Allahabad


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