Allowed

Atul Mishra v. State of U.P.

Allahabad HC31 Jul 2018BAIL/28517/2018

Case brief

AI extract

What is this about?

The Single Judge, after hearing counsel, held that the applicant made out a case for bail. The application was allowed, and the applicant was ordered to be released on personal bond and two sureties, subject to specific conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to standard conditions including non-tampering with evidence and appearing in court.

Atul Mishra Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28517 of 2018

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Applicant :- Atul Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Pravesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The argument is that the first information report is ante timed. The applicant has no criminal history to his credit. The allegation of theft of one mobile has been made while recovery of two mobiles has been shown by the police. The applicant is in jail since 11.03.2018.

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On the other hand learned AGA has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Atul Mishra involved in Case Crime No.262 of 2018, under Sections 379, 411, 414 IPC, Police Station Friends Colony, District- Etawah 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 31.7.2018

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Atul Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Atul 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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