Chhote Nishad @ Jamwant vs State Of U.P.
2019 Latest Caselaw 3983 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18614 of 2019
 

 
Applicant :- Chhote Nishad @ Jamwant
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against Balwant Pradhan son of Balwant, Hemraj and Kalloo Baba @ Dinesh Kumar. The name of applicant came into light in the confessional statement of co-accused Kalloo Baba @ Dinesh Kumar after 16 months of the alleged incident. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possesion of the applicant or on his pointing out. It has further been submitted that the applicant has not committed the alleged offence. He has no concern with the alleged incident. The co-accused Vijay Kumar Nishad having identical role has already been released on bail by another bench of this court vide order dated 28.3.2019 in Criminal Misc. Bail Application No. 12563 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 4.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Vijay Kumar Nishad having identical role has already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Chhote Nishad @ Jamwant involved in Case Crime No. 291 of 2017, under section 147, 148, 364, 302, 201 IPC, P.S. Sajeti, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 2.5.2019

Masarrat