Subodh Mishra vs State Of U.P.
2019 Latest Caselaw 5605 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8837 of 2019
 

 
Applicant :- Subodh Mishra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Chandra Prakash Misra,Ravi Kamal Pandey,Sushil Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Supplementary Affidavit filed today, is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No. 423 of 2018 under Sections 419, 420, 467, 468, 471, 409 I.P.C., P.S. Kotwali Padrauna, District Kushinagar.

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the present accused has deposited Rs. 5 Lakh in the bank account of his father-in-law and the amount has already been returned to the account of District Magistrate, Padrauna, District Kotwali. He further submitted that co-accused Praduman Vishwakarma, Hidayatullah & Ramapati Mishra have already been granted bail vide orders dated 16.01.2019, 24.1.2019 & 06.02.2019 by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 1916 of 2019, 3229 of 2019 & 5148 of 2019 respectively. Lastly, he submitted that the applicant is languishing in jail since 07.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea.

Considering the overall facts and circumstances, the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of in support of the charge, the applicant is entitled to be released on bail.

Accordingly, the bail application stands allowed.

Let the applicant Subodh Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 8.7.2019

Shanu