Allowed

Gopal Mishra v. State of U.P.

Allahabad HC13 Sept 2018BAIL/27811/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 27811 of 2018, the Single Judge allowed bail to the applicant, Gopal Mishra, in a case involving sections 147, 148, 149, 504 and 307 IPC, subject to furnishing a personal bond with two sureties and adhering to standard bail conditions.

What did the court decide?

Release on bail on furnishing a personal bond with two sureties each in like amounts with conditions regarding attendance, non-tampering, and no illegal activities.

Gopal Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27811 of 2018

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Applicant :- Gopal Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

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Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is also taken on record.

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Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the injury sustained by the injured is on right thigh of the injured which is non-vital part of the body, a copy of injury report is annexed as annexure-2 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 5.6.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be

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released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Gopal Mishra involved in Case Crime No.139 of 2018, under Sections 147, 148, 149, 504 and 307 I.P.C., Police Station Sikandra, District Kanpur Dehat be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 13.9.2018 Dev/-

Gopal Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gopal Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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