Allowed

Ashish @ Shobhi Mishra v. State of U.P.

Allahabad HC3 Apr 2019BAIL/13773/2019

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant under sections 364, 394, 411, 302, 201, and 120-B IPC. The applicant, a first-time offender seriously ill, had been in jail for over six months. The court granted a personal bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount.

Ashish @ Shobhi Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13773 of 2019

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Applicant :- Ashish @ Shobhi Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Singh Sengar 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, Sri Mayank Mishra, learned brief holder for the State and perused the record.

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Initially the accused was on bail and due to his absence, N.B.W. was issued on 27.9.2018 and he was arrested by the police on 29.9.2018 till then he is languishing in jail (more than six months) having no criminal history.

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Learned counsel for the applicant submitted that applicant was seriously ill due to which he could not appear before the Court; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.

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Learned AGA opposed the prayer for bail and admitted that applicant has no criminal history.

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Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.

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Let applicant Ashish @ Shobhi Mishra involved in S.T. No. 86 of 2005 as well as Case Crime No. 11 of 2005, under Sections 364, 394, 411, 302, 201, 120-B IPC, Police Station Kotwali, District - Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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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 he is accused, or suspected, of the commission of which he is 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 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 :- 3.4.2019

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A. Singh

Ashish @ Shobhi Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish @ Shobhi 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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