Allowed¶19

Ram Aashish Nishad @ Makanu v. State of U.P.

Allahabad HC4 Mar 2020BAIL/8238/2020

Case brief

AI extract

What is this about?

Section 439 CrPC bail allowed for Ram Aashish Nishad @ Makanu in Case Crime No. 318 of 2019, Section 302 IPC (murder of Panneylal Nishad by hammer), P.S. Belipar, District Gorakhpur; parity with co-accused and first informant Smt. Durga Devi (bail granted 28.01.2020 in Crl. Misc. Bail Application No. 55729 of 2019); non-examination of child witness Km. Khushi (about 10 years) urged; applicant in jail since 18.09.2019, no criminal history; bail conditions referencing sections 82 CrPC, 174-A IPC, 313 CrPC and 229A IPC; decided 4.3.2020 by Samit Gopal, J.

What did the court decide?

Release of applicant Ram Aashish Nishad @ Makanu on bail in Case Crime No. 318 of 2019 on furnishing a personal bond and two sureties each in the like amount, subject to the conditions imposed by the Court (paras 11-18). ¶19

Ram Aashish Nishad @ Makanu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ram Aashish Nishad @ Makanu, accused under Section 302 I.P.C. in Case Crime No. 318 of 2019, P.S. Belipar, District Gorakhpur, should be enlarged on bail during trial.

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Court's answer

Considering the totality of the case, in particular the nature of evidence available on record, and without further any comments on merit, the Court was inclined to release the applicant on bail.

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Ratio / Principle

The applicant was directed to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount, subject to conditions including non-tampering with prosecution evidence, attendance on all dates, an undertaking not to seek adjournments when witnesses are present, presence at opening of the case, framing of charge and Section 313 Cr.P.C. statement, and liability to proclamation under section 82 Cr.P.C. and proceedings under section 174-A I.P.C. / Section 229A IPC in case of misuse or deliberate absence.

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Key takeaways

The bail application is allowed.ratio¶19

Detailed headnote1 paragraphs

Bail under Section 439 of the Code of Criminal Procedure allowed (Samit Gopal, J., order dated 4.3.2020) to Ram Aashish Nishad @ Makanu, sole accused named in the FIR lodged by Smt. Durga Devi for the murder of her husband Panneylal Nishad (Case Crime No. 318 of 2019, Section 302 I.P.C., P.S. Belipar, District Gorakhpur), who was assigned the role of assaulting the deceased with hammer. During investigation the first informant herself transpired to be an accused, was taken into custody, and a charge sheet was filed against both; she had already been granted bail by a coordinate Bench of this Court vide order dated 28.01.2020 in Crl. Misc. Bail Application No. 55729 of 2019. Defence also urged that the prosecution failed to examine Km. Khushi (aged about 10 years), daughter of the deceased and the informant, said to be the best witness, and that the applicant had no criminal history and was in jail since 18.09.2019. Considering the totality of the case and the nature of evidence, and without comments on merit, the Court released the applicant on a personal bond with two sureties, imposing conditions: no tampering with prosecution evidence or harassment of the victim/complainant; attendance on every date; undertaking not to seek adjournments when witnesses are present; personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; misuse of liberty may invite proclamation under section 82 Cr.P.C. and proceedings under section 174-A I.P.C., and deliberate absence may attract action under Section 229A IPC; surety identity/status/residence to be verified by the court concerned.

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8238 of 2020

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Applicant :- Ram Aashish Nishad @ Makanu Opposite Party :- State of U.P. Counsel for Applicant :- Madhuker Kushwaha,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Saroj Kumar Dubey, learned counsel for the applicant, learned A.G.A. and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ram Aashish Nishad @ Makanu seeking enlargement on bail during trial in connection with Case Crime No. 318 of 2019, under Section 302 I.P.C., registered at P.S. Belipar, District Gorakhpur.

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Learned counsel for the applicant argued that in the present matter, the First Information Report was lodged by Smt. Durga Devi wife of the Panneylal Nishad regarding the murder of her husband. The applicant is named as the sole accused in the First Information Report and has been assigned the role of assaulting the Panneylal Nishad with hammer as a result of which he received injuries and died. It is argued that during investigation it transpires that Smt. Durga Devi who is the first informant is also an accused in the matter and as such she was also taken into custody. After conclusion of the investigation, charge sheet has been submitted against the applicant and Smt. Durga Devi. It is further argued that Smt. Durga Devi has been granted bail by a coordinate Bench of this Court vide order dated 28.01.2020 passed in Crl. Misc. Bail Application No. 55729 of 2019, copy of the order has been produced before the Court which is taken on record. Learned counsel then argues that the investigation as conducted gives some lead of Smt. Durga Devi having some illicit relationship with the applicant as a result of which the present incident is said to have taken place. In the confession of the applicant to the police he has stated that he along with Smt. Durga Devi assaulted the deceased as a result of which he died. It is further argued that Km. Khushi aged about 10 years being the daughter of the deceased and Smt. Durga Devi was the best witnesses in the present matter but the prosecution has failed to examine her and make her a witness in the present matter. The applicant having no criminal history and is in jail since 18.09.2019.

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Per contra, learned AGA opposes the prayer for bail and argued that the applicant along with Smt. Durga Devi has committed the murder the same has been come investigation also and a charge sheet has been submitted against both the persons.

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Considering the totality of the case in particular, nature of evidence available on record and without further any comments on merit, I am inclined to release the applicant on bail.

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Let the applicant Ram Aashish Nishad @ Makanu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the

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applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 4.3.2020 M. ARIF

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(Samit Gopal, J.)

Ram Aashish Nishad @ Makanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Aashish Nishad @ Makanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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