Allowed

Bitto Kumar Mishra @ Ratnesh v. State of U.P.

Allahabad HC7 Sept 2020BAIL/12443/2020

Case brief

AI extract

What is this about?

Single judge granted bail to the applicant in a theft case referring to a Supreme Court dictum. Bail granted with personal bond and conditions regarding sureties upon court restoration, without expressing an opinion on merits.

What did the court decide?

Allow to be released on bail on personal bond and two sureties each (to be executed later if courts remain non-functional).

Bitto Kumar Mishra @ Ratnesh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12443 of 2020

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Applicant :- Bitto Kumar Mishra @ Ratnesh Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi 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 instant bail application has been filed on behalf of the applicant, Bitto Kumar Mishra @ Ratnesh, with a prayer to release him on bail in Case Crime No. 51 of 2019 under Sections 379, 328, 411 I.P.C., Police Station- G.R.P., District- Gorakhpur during pendency of trial.

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The allegation in the F.I.R. was against unknown persons regarding theft of certain items. After eight months, some recovery has been allegedly made from the applicant and he has been implicated in the case. Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. The recovery from the applicant is not supported by any independent witness. The applicant was challaned in a case in N.D.P.S. Act and falsely implicated in this case. He is in jail since 20.11.2019. The applicant has criminal history of 9 cases which have been explained in the supplementary affidavit.

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Learned A.G.A. has opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.9.2020 KS

Bitto Kumar Mishra @ Ratnesh v. State of U.P.

Case brief

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Bitto Kumar Mishra @ Ratnesh v. State of U.P.

Case brief

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