Allahabad High Court
Sunil Kumar Mishra vs State Of U.P. on 4 November, 2022
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49424 of 2022
Applicant :- Sunil Kumar Mishra
Opposite Party :- State of U.P.
Counsel for Applicant :- Atharva Dixit,Aushim Luthra,Shantanu Pandey,Sr. Advocate
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.240 of 2022, under Sections 302 and 307 I.P.C., Police Station Naini, district Prayagraj.
The first information report of this incident was lodged by the informant against the present accused and other co-accused Tushar Mishra and Sanskar Mishra and it was alleged that on 25.05.2022 at about 06:00 hours the wife of informant informed him that her son Arnav Singh @ Ansh was taken from the house by the co-accused persons namely, Tushar Mishra and Sanskar Mishra at 4:00 A.M. and he has not returned since then. Later on the informant was apprised by the police that the dead body of the deceased was lying in the house of the applicant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has further submitted that the applicant has committed offence when he saw his real daughter in a compromising position with the deceased at the terrace of his house and at grave and sudden provocation, he committed this offence. He has further submitted that neither the accused has intended nor has conspired to kill the deceased and the offence does not come in the ambit of section 302 IPC. He has further submitted that it was not a case of honour killing and it was a real incident and the deceased and girl of the applicant excited him due to which he had lost his self control and committed the offence. He has further submitted that earlier the report was lodged against the present applicant and also his sons but during investigation, sons of the applicant have been exonerated from this offence. He has further submitted that the present applicant had given information to the police about the incident which was lodged by the informant after three days on 25.5.2022 falsely nominating the present accused and his sons. He has relied upon the judgements of Supreme Court rendered in 1962 Supp (1) SCR 567 (K.M. Nanavati vs. State of Maharashtra) and (2012) 13 SCC 663 (Budhi Singh vs. State of Himachal Pradesh). He submitted that the applicant is languishing in jail since 26.5.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering that the incident had taken place at the terrace of the house of the applicant at wee hours on 25.5.2022, considering the law laid down in the case of Data Ram vs. State of U.P. and others, 2018 (3) SCC 2, and recent judgment dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.BI. passed in S.L.P. (Crl.) No.5191 of 2021, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sunil Kumar Mishra involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.11.2022
AU
