Allahabad High Court
Manoj Kumar Mishra Anticipatory ... vs State Of U.P. And Anr. on 20 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2048 of 2020
Applicant :- Manoj Kumar Mishra Anticipatory Bail
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Satyendra Kumar Tiwari,M.V.S. Chauhan,Sushil Kumar Singh
Hon'ble Karunesh Singh Pawar,J.
Supplementary Affidavit filed by learned Counsel for the applicant is taken on record.
The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.185 of 2019, under Section 147, 148, 149, 452, 307, 308, 323, 427, 504, 506 I.P.C., Police Statio Dhammaur, District Sultanpur.
Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
Learned counsel for the applicant submits that 12 persons have been named in the First Information Report and three are unknown. Initially there were four injured. Later on four more injured included in the prosecution case. He further submits that out of accused persons six have been granted regular bail and five have been granted anticipatory bail in which three have been granted by learned Sessions court and two by this Court. He further submits that the bail of Manish Kumar Dubey, co-accused has been granted by this Court while considering the fact that the co-accused is a meritorious student and he preparing for competitive examination.
Learned counsel for the applicant seeks parity with the bail order of Manish Kumar Dubey (Dwivedi) dated 24.7.2020 passed in Bail No.571 of 2020 which as been filed along with the supplementary affidavit as Annexure SA-3.
Per contra, learned A.G.A. has opposed the bail prayer. He has submitted that the anticipatory bail application of the co-accused Ashish Kumar Dubey was rejected by coordinate Bench of this Court vide order dated 7.12.2020 passed in Bail No. 4724 of 2020.
Rebutting his arguments, learned counsel for the applicant submits that the applicant is a student and preparing for job in Indian Army. Specific pleading in this regard has been made in paragraphs 20 of the Supplementary Affidavit. He submits that considering the fact that the applicant is a student he is also liable to be granted anticipatory bail giving parity with the bail order of co-accused Manish Kumar Dubey.
On due consideration to the submissions advanced; perusal of the record; charge-sheet has been filed; the co-accused has been granted anticipatory bail by coordinate Bench of this Court; and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant anticipatory bail on the ground of parity to the applicant under Section 438 Cr.P.C.
Therefore, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court with the following conditions:-
1. that the applicant shall not leave India without the previous permission of the court;
2. that the applicant shall not pressurize/ intimidate the prosecution witness;
3. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
Such other reasonable conditions which the learned trial court may deem fit may be imposed.
Learned trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.
Order Date :- 20.2.2023
Madhu
