Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16071 of 2021 Applicant :- Mummu Nishad @ Mool Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Mummu Nishad @ Mool Chandra, in connection with Case Crime No. 783 of 2020, under Sections 147, 332, 307, 427, 504, 379, 411 IPC, Section 4/21 Mines and Minerals (Regulation and Development) Act, 1957 and Section 3/4 Prevention of Damage to Public Property Act, 1984 Police Station - Kotwali Nagar, District - Banda.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he is not named in the F.I.R. His name has surfaced during investigation, on the statement of a police constable, Anil Kumar, PNO 162372442, who has stated, on the basis of some undisclosed source of information, that the other accused, indicated to be unnamed in the F.I.R., includes the applicant. The submission of learned Counsel for the applicant is that this kind of evidence against the applicant shows nothing against him about his involvement in the crime. It is argued that there is no recovery from the applicant. It is next submitted that the nominated accused, Pappu Nishad, has been admitted to bail by this Court (Hon'ble Rajiv Joshi, J.) vide order dated 15.12.2020 passed in Criminal Misc. Bail Application No. - 46794 of 2020, entitling the applicant to bail on the foot of parity, as he has a better case. It is submitted that the applicant was once implicated in Crime No. 591 of 2010, under Sections 420, 467, 468, 471 I.P.C., Police Station - Kotwali Nagar, District - Banda, but has since been acquitted by the learned Chief Judicial Magistrate, Banda vide judgment dated 30.10.2015 passed in Criminal Case No. 1466 of 2010. The applicant is in jail since 08.02.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact the applicant is not named in the F.I.R., the fact that there is no recovery from the applicant, the fact that the applicant's name has figured through the undependable source of a mere information received by a police constable, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Mummu Nishad alias Mool Chandra be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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 :- 6.4.2021 I. Batabyal