Allahabad High Court
Anil Kumar Mishra vs State Of U.P. on 24 June, 2019
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- BAIL No. - 5712 of 2019
Applicant :- Anil Kumar Mishra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiva Dubey
Counsel for Opposite Party :- G.A.,Balkeshwar Srivastava
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Rajiva Dubey, learned counsel for the applicant, Sri Balkeshwar Srivastava, learned counsel for complainant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant-Anil Kumar Mishra, involved in Case Crime No. 705 of 2018, under Sections 307 and 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case for harassment on account of village rivalry. He further submits that as per postmortem report, fire arm injury was found on the body of the deceased is responsible for his death. He further submits that as per statement of witness-Abhishekh Shukla, accused-applicant-Anil Kumar Mishra was having Lathi / Danda at the time of incident and assaulted his father. In the statement under Section 161 Cr.P.C. made by victim before the Police, name of accused-applicant was not disclosed by the victim. He further contended that if applicant is granted bail by this Court, he shall not misuse the liberty of bail. The applicant is languishing in jail since 29.12.2018. He further contends that applicant has neither any criminal history nor any previous conviction.
Learned A.G.A. and learned counsel for complainant opposed the prayer for bail but did not dispute the factual position of the incident.
Considering the overall facts and circumstances of the case, submissions made by learned counsel for parties, nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tempering witnesses and without expressing any opinion on the merits of the case applicant deserves bail.
Let the applicant- Anil Kumar Mishra involved in Case Crime No. 705 of 2018, under Sections 307 and 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The Court below is directed to conclude the trial within a period of six months from the date of production of a certified copy of this order.
Order Date :- 24.6.2019
Akram
