Allahabad High Court
Pankaj Mishra vs State Of U.P. on 3 June, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15412 of 2022
Applicant :- Pankaj Mishra
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Singh
Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Praveen Kumar Singh
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Sita Ram Sharm, Advocate holding brief of Sri Ajeet Singh, learned counsel for the applicant and Sri Aushim Luthra, Advocate holding brief of Sri Praveen Kumar Singh, learned counsel for the first informant and Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Pankaj Mishra under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 10 of 2021 for offence punishable under Sections 147, 148, 149, 302, 352, 506, 120-B, 34 of the Indian Penal Code and Section 7 of Criminal Law Amendment Act, registered at Police Station- Gambhirpur, District- Azamgarh during pendency of the trial, after rejecting the second bail application of the applicant by Additional Sessions Judge Court No. 1, Azamgarh vide order dated 14.02.2022.
Learned counsel for the applicant submits that the first bail application of the applicant has been allowed by coordinate Bench of this Court in Criminal Misc. Bail Application No. 24863 of 2021 on 26.08.2021. On 27.10.2021 the case was fixed for framing of charges before the trial court, but on the said date, the court was not functioning and the next date was fixed on 29.10.2021, but due to illness the applicant was not present before the trial Court on the said date, therefore, the trial Court issued non-bailable warrant against the applicant and rejected the exemption application of the applicant. The applicant was arrested on 22.11.2021. Learned counsel for the applicant submits that the role of doing reki has been assigned to the present applicant and the other co-accused Rajendra Prajapati, who was assigned the role of exhortation has already been enlarged on bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 14209 of 2021 vide order dated 17.08.2021. The applicant was not deliberately misused the liberty of bail. He has not convicted by any court in cognizable offence.
Per contra learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail and stated that applicant has willfully absent on the date fixed before the trial court for framing of charge.
It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.
Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.
Let applicant, Pankaj Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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.
Order Date :- 3.6.2022
Ishan
