Allowed

Sonu Mishra v. State of U.P.

Allahabad HC10 Oct 2018BAIL/38798/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous bail allowed the bail application of the applicant accused of murder under Section 302 IPC. Relying on the co-accused's earlier bail and referring to a Supreme Court dictum, the Court held it a fit case for bail, issuing conditions including bond and sureties.

What did the court decide?

The applicant Sonu Mishra released on bail on furnishing a personal bond and two sureties upon execution of standard bail conditions.

Sonu Mishra Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38798 of 2018

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Applicant :- Sonu Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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According to the prosecution case the F.I.R. was lodged against unknown person alleging that on 11.05.2018 Munna @ Raj Narayan Pathak was killed by unknown person. He received two gun shot injury. Subsequently name of Sonu Mishra, applicant and two other accused Phool Chandra and Monu Mishra was disclosed and on the pointing out of Monu Mishra country made pistol was recovered.

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Learned counsel for the applicant submitted that the applicant is languishing in jail since 22.5.2018 (about five months); having no criminal history; co-accused Monu Mishra have been enlarged on bail by coordinate Bench of this Court vide order dated 4.10.2018 in Criminal Misc. Bail Application No.37202 of 2018 and the case of the applicant is identical to the case of co-accused; hence the applicant is also entitled for bail on the ground of parity; no recovery was made from the possession of the applicant; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the case of the applicant is identical to the case of co-accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Sonu Mishra, involved in Case Crime No.0172 of 2018, under Section 302 I.P.C., P.S. Manjhanpur,District Kaushambi, be released on bail on furnishing a personal bond and 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 not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless

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personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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.

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

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Order Date :- 10.10.2018/SKD

Sonu Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu 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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