Allowed

Nityanand Mishra v. State of U.P.

Allahabad HC19 Aug 2019BAIL/28145/2019

Case brief

AI extract

What is this about?

A single-judge court allowed a bail application filed by Nityanand Mishra involved in charges under IPC and I.T. Act for forgery and cheating, deeming it a fit case for bail without expressing an opinion on merits.

What did the court decide?

Released on bail by executing personal bond and furnishing two sureties each with specified conditions regarding evidence tampering, witness harassment, and court appearance.

Nityanand Mishra Vs State of U.P. — Corruption | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28145 of 2019

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Applicant :- Nityanand Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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This is a bail application on behalf of the applicant Nityanand Mishra in connection with Case Crime No.1075 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C. and 66 (g), 66 (gha), 74 I.T. Act, P.S. Kasganj, District Kanshiram Nagar (Kasganj).

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He further submitted that no proper investigation has been conducted by the police to ascertain the real culprits. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 27.03.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Nityanand Mishra involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 19.8.2019

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R./

Nityanand Mishra v. State of U.P.

Case brief

What is this about?

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Nityanand Mishra v. State of U.P.

Case brief

What is this about?

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What the court decided

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