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High Court grants bail to Nakool Nishad in FIR No. 870/2023
High Court grants bail to Nakool Nishad in FIR No. 870/2023
The High Court of Madhya Pradesh, in the case of Nakool Nishad vs. The State of Madhya Pradesh, has granted bail to Nakool Nishad in relation to FIR No. 870/2023. Nakool Nishad was accused of demanding money and allegedly burning a truck. The court considered the evidence, including CCTV footage, and concluded that further pre-trial detention was not warranted. Nakool Nishad has been released on bail with certain conditions.
Case Name:
Nakool Nishad vs. The State of Madhya Pradesh
Key Takeaways:
- Nakool Nishad filed a bail application under section 439 (of Income Tax Act, 1961) of the Cr.P.C. in relation to FIR No. 870/2023.
- Nakool Nishad was accused of demanding money and allegedly burning a truck.
- The court considered the evidence, including CCTV footage, and found that further pre-trial detention was not warranted.
- Nakool Nishad has been granted bail and released on a personal bond of Rs.50,000/- with one solvent surety.
- Nakool Nishad is required to appear before the trial court on all the dates fixed during the trial and abide by the conditions of bail.
Case Synopsis:
This document is an order from the High Court of Madhya Pradesh in the case of Nakool Nishad vs. The State of Madhya Pradesh. The case number is MISC. CRIMINAL CASE No. 50292 of 2023, and it was heard before Hon’ble Shri Justice Dinesh Kumar Paliwal on the 21st of November, 2023.
The applicant, Nakool Nishad, filed a bail application under section 439 (of Income Tax Act, 1961) of the Code of Criminal Procedure (Cr.P.C.) in relation to FIR No. 870/2023 dated 21.10.2023, registered at Police Station - Kuthla, District Katni, Madhya Pradesh. The applicant is accused of committing offences under Section 327 (of Income Tax Act, 1961), 323, and 435 of the Indian Penal Code (I.P.C.). The applicant has been in detention since 21.10.2023.
According to the prosecution’s story, on 18.10.2023, at around 10.00 p.m., Nakool Nishad allegedly demanded Rs.5,00,000/- from the complainant as Gunda Tax and threatened them that if they failed to make the payment, he would not allow them to work and slapped them. It is further alleged that at around 02.00 a.m., a truck bearing registration No.MP20-HB-6068 caught fire and the entire cabin was found burnt. The complainant apprehends that his truck has been burnt by Nakool Nishad.
The learned counsel for the applicant argued that Nakool Nishad is innocent and falsely implicated. They submitted that there is no legal and admissible evidence against him and that the CCTV footage reveals that at the time of the alleged incident, he was at his home. They further argued that Nakool Nishad has been falsely implicated because he was opposing the illegal loading of sand in the complainant’s trucks.
On the other hand, the learned panel lawyer for the State submitted that Nakool Nishad has a criminal background of 13 cases but has fairly admitted that the CCTV footage reveals that at the time of the commission of the offence, Nakool Nishad was seen at his home.
After considering the facts and circumstances of the case and the material on record, the court concluded that further pre-trial detention of the applicant is not warranted. Therefore, the bail application under Section 439 (of Income Tax Act, 1961) of the Cr.P.C. filed on behalf of the applicant is allowed.
The court directed that Nakool Nishad be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The bail is granted with the condition that Nakool Nishad shall remain present before the concerned Court on all the dates fixed by it during the trial and abide by all the conditions enumerated under Section 437(3) (of Income Tax Act, 1961) of the Cr.P.C.
This order shall be effective until the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
FAQ:
Q1: What was Nakool Nishad accused of?
A1: Nakool Nishad was accused of demanding money and allegedly burning a truck.
Q2: What evidence was considered by the court?
A2: The court considered the evidence, including CCTV footage, to assess Nakool Nishad’s involvement in the alleged offences.
Q3: What conditions were imposed on Nakool Nishad’s bail?
A3: Nakool Nishad was released on a personal bond of Rs.50,000/- with one solvent surety. He is required to appear before the trial court on all the dates fixed during the trial and abide by the conditions of bail.
Q4: Can Nakool Nishad’s bail be revoked?
A4: Yes, if Nakool Nishad jumps bail or breaches any of the conditions, his bail may be revoked.
Q5: What is the significance of this order?
A5: This order signifies that the court found the evidence against Nakool Nishad to be insufficient to warrant further pre-trial detention. It also highlights the importance of considering all available evidence, such as CCTV footage, in making bail decisions.
This first bail application under section 439 (of Income Tax Act, 1961) of Cr.P.C. has been filed in relation to FIR No.870/2023 dated 21.10.2023, registered at Police Station - Kuthla, District Katni, Madhya Pradesh for commission of offences under Section 327 (of Income Tax Act, 1961), 323 and 435 of I.P.C. Applicant is in detention since 21.10.2023.
2. As per the prosecution story, on 18.10.2023, at around 10.00 p.m., applicant Nakool Nishad demanded Rs.5,00,000/- from the complainant as Gunda Tax. He threatened that if they failed to make the payment he will not allow them to work and slapped. It is alleged that at around 02.00 a.m., one truck bearing registration No.MP20-HB-6068 caught fire and the entire cabin was found burnt. He apprehends that his truck has been burnt by Nakool Nishad.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent and he is falsely implicated. There is no legal and admissible evidence against him. CCTV footage reveals that at the time of the alleged incident, he was at his home. He has been falsely implicated only because he was opposing the illegal loading of sand in the complainant trucks. Therefore, it is prayed that the applicant may be released on bail.
4. On the other hand, learned panel lawyer for the State has submitted that applicant has criminal background of 13 cases but has fairly admitted CCTV footage reveals that at the time of commission of offence, applicant was seen at his home.
5. Looking to the facts and circumstances of the case and the material on record, but without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant - Nakool Nishad be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) (of Income Tax Act, 1961) of Cr.P.C.
7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
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