Accusation of Goonda Tax Demand: Madhya Pradesh HC grants Bail [Read Order]
MP HC grants bail to accused on alleged demand of Gunda Tax, owing to CCTV Footages showing him at home
Accusation of Goonda Tax Demand – Tax Demand – Madhya Pradesh HC grants Bail – Madhya Pradesh HC – Bail – Goonda Tax Demand – taxscan
Accusation of Goonda Tax Demand – Tax Demand – Madhya Pradesh HC grants Bail – Madhya Pradesh HC – Bail – Goonda Tax Demand – taxscan
A Single Bench of the High Court of Madhya Pradesh, presided over by Justice Dinesh Kumar Paliwal, has granted bail to Nakool Nishad, a 28-year-old transporter from Katni, who was detained since October 21, 2023 for alleged demand of Goonda Tax.
The charges against Nishad include offenses under Section 327, 323, and 435 of the Indian Penal Code (I.P.C). According to the prosecution's version, on October 18, 2023, at approximately 10:00 p.m., Nakool Nishad allegedly demanded Rs.5,00,000/- from the complainant as "Gunda Tax," threatening to disrupt their work if the payment was not made. Subsequently, at around 02:00 AM, A truck registered as MP20-HB-6068 reportedly caught fire, leading to the destruction of its cabin.
The complainant suspects Nishad's involvement in the arson. Nakool Nishad, through his advocate Pankaj Tiwari, contended that he is innocent and falsely implicated in the case.
The defense argues that there is no credible evidence against Nishad and that CCTV footage supports his alibi, placing him at home during the alleged incident. The defense further asserts that the accusation stems from Nishad opposing illegal sand loading in the complainant's trucks.
Nupur Dhameja, panel lawyer for the State submitted that the applicant has criminal background of 13 cases but has fairly admitted CCTV footage reveals that at the time of commission of offense, the bail applicant was seen at his home.
After considering the arguments from both sides, Justice Dinesh Kumar Paliwal opined that further pre-trial detention of the applicant is not warranted. While refraining from expressing an opinion on the case's merit, the court granted bail to Nakool Nishad.
The order directed his release on furnishing a personal bond of Rs.50,000/- with one solvent surety of the same amount. Bailee Nishad is required to appear regularly before the trial court and abide by the conditions specified under Section 437(3) of Cr.P.C. The bail order is set to remain effective until the trial concludes, with a caution that any breach of bail conditions may render the order ineff
To Read the full text of the Order CLICK HERE
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