Allowed

Alok Mishra Alias Santosh Mishra v. State of U.P.

Allahabad HC24 Jan 2019BAIL/2422/2019

Case brief

AI extract

What is this about?

Single judge allowed a bail application filed by a person implicated in a liquor-selling case resulting in deaths. The court observed that prosecution faced issues regarding lack of chemical reports and FIR naming, and allowed bail subject to standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions to not tamper with evidence or intimidate witnesses.

Alok Mishra Alias Santosh Mishra Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2422 of 2019

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Applicant :- Alok Mishra Alias Santosh Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today is taken on record.

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Heard Sri Dharmendra Kumar Srivastava, learned counsel for the applicant, Sri Brijesh Kumar Yadav, learned counsel for the complainant as well as Sri Mayank Mishra brief holder for the State and perused the record.

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According to prosecution case, the F.I.R. was lodged against seven accused persons, namely, Satish Mishra, Satish Chandra, Sarwan, Budhdhe, Ramshwaroop Singh Gaur, Vinay Singh Gaur, Neeraj Singh Gaur alleging that they were selling illegal liquor, after consuming liquor six persons died. During investigation, the name of some persons including the applicant was surfaced.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Their death was an accidental, unintentional and without knowledge of accused. There is no chemical examination report to show that recovered wine was adulterated. Offences under Sections 272 and 273 IPC are not made out against the applicant. Applicant was not named in the F.I.R. During investigation, the name of the applicant was surfaced. There is no independent witness against the applicant. He is languishing in jail since 10.11.2018 (near about two and half months) criminal history of three cases has been properly explained 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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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 criminal history has been explained.

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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, 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 Alok Mishra Alias Santosh Mishra involved in Case Crime No. 142 of 2018, under Sections

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304, 272, 273, 34 IPC and Section 60(A) of the Excise Ac, Police Station Rura, District Kanpur Dehat 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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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 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 :- 24.1.2019 A. Singh

Alok Mishra Alias Santosh Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alok Mishra Alias Santosh Mishra v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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