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Allahabad High Court

KULDEEP NISHADversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail during the pendency of the trial despite the seriousness of the alleged offences.

Summary

The applicant, Kuldeep Nishad, was arrested in connection with a case under Sections 109(1) and 118(1) of the B.N.S., alleged to involve an assault with an axe intended to kill the informant's son. He claimed innocence, arguing that the medical report showed no serious injuries and that he has no prior criminal record. The State opposed bail. The court examined the nature of the offence, the evidence, the fact that the injuries were not "very much grievous," and the applicant's clean record, and, without expressing an opinion on guilt, decided to grant bail. The bail was conditioned on a personal bond, two sureties, attendance at trial, non‑tampering with witnesses, and refraining from illegal activity. The court also directed verification of the sureties' identity and residence.

Issues considered

  • Whether the applicant is entitled to bail pending trial under Sections 109(1) and 118(1) of the B.N.S.
  • Whether the nature and severity of the alleged injuries justify denial of bail
  • Whether the applicant's lack of prior criminal antecedents warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Sections 109
  • Section 118
  • attempted murder
  • injury severity
  • sureties
  • witness tampering

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 41042 of 2025

Kuldeep Nishad
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                :   Pankaj Kumar Dwivedi
Counsel for Opposite Party(s)           :   G.A.

Court No. - 70
                     HON'BLE HARVIR SINGH, J.

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

2. By means of this application, the applicant who is involved in Case
Crime No. 379 of 2025, under Sections 109(1) and 118(1) of B.N.S., P.S.
Chaubepur, District-Varanasi, is seeking enlargement on bail during the
trial.

3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that as per first
information report, the accused-applicant with the intention to kill the son
of the informant namely Dhurandar Yadav has assaulted him with axe. In
the incident the alleged victim has received injuries. However, the report
of N.C.C.T. Head reveals that the bones of the cranium and pericranial
soft tissue appear normal. The orbital contents are unremarkable.
The visualised para nasal sinuses are normal. He also submitted that
from the perusal of the N.C.C.T. report, it appears that the injuries
sustained by the injured were not very much grievous in nature. He lastly
submitted that the applicant, who is in jail since 13.6.2025 and has no
criminal antecedents to his discredit is entitled to be enlarged on bail
during pendency of the trial.

4. The prayer for bail has been vehemently opposed by learned A.G.A.

5. Keeping in view the nature of the offence, evidence, complicity of the
                                                                                              BAIL No. 41042 of 2025
                                                                     2


                                    accused, severity of the punishment, submissions of learned counsel for
                                    the parties and considering that the injuries sustained by the injured were
                                    not very much grievous in nature; the applicant has no criminal history;
                                    without expressing any opinion on the merits of the case, this Court is of
                                    the view that the applicant is entitled to be enlarged on bail during the
                                    pendency of the trial.

                                    6. Let the applicant, Kuldeep Nishad be released on bail in the aforesaid
                                    case on his executing a personal bond and furnishing two sureties each in
                                    the like amount to the satisfaction of the court concerned subject to the
                                    following conditions:-

                                    i. The applicant will continue to attend and co-operate in the trial pending
                                    before the court concerned on the date fixed after release.

                                    ii. He will not tamper with the witnesses.

                                    iii. He will not indulge in any illegal activities during the bail period.

                                    7. It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    8. In case of breach of any of the above conditions, the trial court will be
                                    at liberty to cancel the bail.


                                                                                                (Harvir Singh,J.)
                                    April 2, 2026
                                    Faridul




Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad


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