Allowed

Jamwant @ Chhote Nishad and Another v. State of U.P.

Allahabad HC15 Jun 2020BAIL/14302/2020

Case brief

AI extract

What is this about?

The Court allowed a bail application for accused persons charged under Sections 302 and 201 IPC. The judgment held that the applicants had made a case for bail, relying on the right to personal liberty and citing a Supreme Court precedent.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties, subject to conditions; temporary release without sureties permitted pending normal court functioning.

Jamwant @ Chhote Nishad and Another Vs State… — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14302 of 2020

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Applicant :- Jamwant @ Chhote Nishad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nripendra Kumar Dwivedi,P.K. Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard Sri Nripendra Kumar Dwivedi and Sri P.K. Singh, counsels for the applicants and learned A.G.A through Video Conferencing.

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The applicants were not named in the FIR. After 23 days of the recovery of the dead body of the deceased from an open space, Smt. Parmila Devi, wife of Ram Prakash, has stated that on the date of incident she had last seen the deceased with the applicants. It has been submitted that there is prior enmity of the witness, Smt. Parmila Devi, with the applicants who are accuseds in the murder of her husband. Therefore, they have been falsely implicated in this case. There is no recovery of any incriminating material from the applicants. They are in jail since 14.03.2020.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, Jamwant @ Chhote Nishad and Balwant Nishad , who is involved in Case Crime No. 39 of 2020, under Sections- 302 and 201 IPC, Police Station- Sajeti, DistrictKanpur Dehat, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution

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evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicants has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.6.2020 Rohit

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.15 17:52:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Jamwant @ Chhote Nishad and Another v. State of U.P.

Case brief

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Jamwant @ Chhote Nishad and Another v. State of U.P.

Case brief

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What did the court decide?

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