Allowed

Bhuvnesh Kumar Mishra @ Bhanu v. State of U.P.

Allahabad HC7 Sept 2020BAIL/21935/2020

Case brief

AI extract

What is this about?

This is a bail application by a person charged with murder under Sections 302/34 IPC. The High Court granted bail during the pendency of the trial, subject to conditions, noting the nature of the offence and evidence but expressing no opinion on merits. The applicant must execute a personal bond and provide two sureties.

What did the court decide?

Release on bail subject to conditions including personal bond, two sureties, and specific undertakings to attend trial and not tamper with witnesses.

Bhuvnesh Kumar Mishra @ Bhanu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21935 of 2020

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Applicant :- Bhuvnesh Kumar Mishra @ Bhanu Opposite Party :- State of U.P. Counsel for Applicant :- Pratima Pandey,Sushil Kumar Pandey

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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, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 79 of 2020, under Sections 302/34 I.P.C., P.S. Bisalpur, District- Pilibhit and is in jail since 27.02.2020, is seeking enlargement on bail during the trial.

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The prosecution case in brief is that the FIR of this incident was lodged by by the complainant Ravi Sharan Singh Chauhan, against the named accused Ramesh Chandra Mishra and his family members regarding the death of priest of the temple, namely, Vishnu Sharan Brahamchari. It was alleged in the FIR that the accused Ramesh Chandra Mishra was appointed as priest of the temple by the management of the College (Saraswati Vidya Mandir Inter College, Bisalpur, Pilibhit) and he was not working on the direction of the Management and therefore, removed from the temple as priest and the deceased Vishnu Sharan Brahamchari was appointed as priest of the temple and due to this the accused Ramesh Chandra Mishra was having motive and enmity with the deceased and the deceased was murdered by the accused-applicant with aid of his family members. The incident is alleged to have occurred on 25.02.2020 at 5.30 AM in the morning but the report of the said incident was lodged on the same day at 10.00 AM.

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Learned counsel for the applicant submitted that the applicant Bhuvnesh Kumar Mishra @ Bhanu is happens to be the son of main accused Ramesh Chandra Mishra and he has been falsely implicated due to relation with the main accused Ramesh Chandra Mishra. Learned counsel for the applicant further submits that the deceased had received one incised wound on his neck and the second injury is the lacerated wound at his lip. He further submits that the applicant has been assigned the role of catching hold to the deceased by the witness Shrawan Kumar Mishra and his statement has been annexed at Pages 40 and 41 of the paper book. The witness Harveer Singh, in his statement also stated that the applicant has been assigned the role of catching hold to the deceased. Learned counsel further submits that general role has been assigned to all the accused persons except accused Ramesh Chandra Mishra. The main role has been assigned to the accused Ramesh Chandra Mishra, who has assaulted the injury with Axe. The applicant is in jail since 27.02.2020.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Bhuvnesh Kumar Mishra @ Bhanu , be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 7.9.2020 Prajapati

Bhuvnesh Kumar Mishra @ Bhanu v. State of U.P.

Case brief

What is this about?

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Bhuvnesh Kumar Mishra @ Bhanu v. State of U.P.

Case brief

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