Neelkamal Alias Nannu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17962 MP

                                  1
 IN     THE         HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                     ON THE 27 th OF OCTOBER, 2023
              MISC. CRIMINAL CASE No. 47701 of 2023

BETWEEN:-
NEELKAMAL ALIAS NANNU S/O SHRI GAJRAJ SINGH,
AGED 41 YEARS, OCCUPATION : FARMER, R/O VILLAGE
MANGOOSH P.S. MALTHON, DISTRICT SAGAR
(MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI SIDDHARTH SIJORIA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BAHADURPUR DISTRICT ASHOKNAGAR
(MADHYA PRADESH)

                                                            .....RESPONDENT
(BY SHRI NIRMAL SHARMA - PUBLIC PROSECUTOR)

      This application coming on for admission this day, the court passed the
following:
                                   ORDER

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.260/2011 registered at Police Station Bahadurpur, Ashoknagar (M.P.) for an offence punishable under Sections 394, 395 & 397 of Indian Penal Code 1860 and Section 25/27 of the Arms Act. The applicant is in judicial custody since 24.08.2023.

A s per the case of prosecution, complainant Hamid Khan reported to P.S. Bahadurpur on 30.11.2011 that four unidentified persons intercepted his

truck and after assaulting them on gunpoint committed loot of mobile phone and cash amount of Rs.9,000/-. On such allegations, P.S. Bahadurpur registered F.I.R. at Crime No. 260/2011 for offence punishable under Section 394 of IPC against four unknown offenders. On completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Mungawali for offence punishable under Sections 394, 395, 397 of IPC and Section 25/27 of Arms Act, since the applicant was absconding. Permanent arrest warrant was issued against him vide order dated 18.05.2012. The applicant was arrested in compliance with the permanent arrest warrant on 24.08.2023. He is in custody ever since. Supplemantary final report with regard to applicant Neelkamal alias

Nannu was filed on 18.09.2023.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the final report with regard to Crime No.260/2011, Police Station Bahadurpur was submitted before the learned Judicial Magistrate First Class, Mungawali. The matter was committed to the Court of Session. Learned Sessions Court vide judgment dated 22.05.2019 in ST No.84/2012 acquitted the co-accused Mahendra Singh, Viran alias Virendra, Hariom, Vijay Sahu and Ganesh alias Ganeshram as the complainant failed to identify the co-accused. No Test Identification Parade with regard to the applicant Neelkamal alias Nannu was conducted. No incriminating article is recovered at the instance of the applicant. Therefore, the alleged offence is not made out against the applicant. The applicant is farmer by profession. He is permanent resident of District Sagar, therefore there is no likelihood of his absconding leaving behind his family and property. Jail incarceration on false allegation is causing hardship to the applicant and his family. The applicant was not aware of the prosecution against him. No criminal antecedent is reported

against the applicant. Therefore, the applicant may be extended the benefit of bail.

P e r contra, learned counsel for State opposes the bail application contending that the applicant remained absconded for a long period of 12 years.

In reply, learned counsel for the applicant submits that the applicant was never informed about prosecution against him.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant - Neelkamal alias Nannu shall be released on bail in relation to Crime No.260 of 2011 registered at Police Station Bahadurpur, District Ashoknagar (M.P.) for an offence punishable under Sections 394, 395 and 397 of Indian Penal Code 1860 and Section 25/27 of the Arms Act, upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

1. The applicant shall remain present on every date of hearing as may

be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3. 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 them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

6. The applicant shall mark his presence in first week of every month before the SHO, Police Station Bahadurpur, District Ashok Nagar till conclusion of trial.

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.

(SANJEEV S KALGAONKAR) JUDGE AK/-

ANAND KUMAR 2023.10.27 18:22:23 +05'30'