Allowed

Yogendra Nath Mishra v. State of U.P

Allahabad HC18 Sept 2020BAIL/25024/2020

Case brief

AI extract

What is this about?

In a bail application, the Allahabad High Court granted bail to Yogendra Nath Mishra charged under various IPC sections relating to cheating and criminal conspiracy, imposing strict conditions to ensure the applicant does not tamper with evidence, commits further offences, or default court appearances. The order allows release on personal bond and two sureties.

What did the court decide?

The applicant was enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Yogendra Nath Mishra Vs State of U.P — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25024 of 2020

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Applicant :- Yogendra Nath Mishra Opposite Party :- State Of U.P Counsel for Applicant :- Aushim Luthra,Atharva Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Atharva Dixit, learned counsel for the applicant, Sri Anand Mohan Pandey, Advocate, learned counsel for Sharda Devi who had also put in appearance before the court below and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that the applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. It is further submitted that the F.I.R. was lodged under Sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., but ultimately charge sheet was submitted under Sections 419, 420, 406, 504, 506 I.P.C. It is next submitted that so far as case of Sharda Devi is concerned, after death of her husband, she lodged an F.I.R. which was registered as Case Crime No. 305 of 2019, under Section 304 I.P.C. against three other persons levelling no allegation against the applicant. It is next submitted that maximum punishment for the sections mentioned in the charge sheet is seven years and said sections are triable by Magistrate. There is no criminal history of the applicant. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 8.7.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. as well as Sri Anand Mohan Pandey, learned counsel for the informant has vehemently opposed the prayer for bail and submitted that after death of her husband, applicant detained the dead body to refer higher centre and also taken huge money. On her complaint, inquiry was conducted and ultimately F.I.R. was lodged, but he could not dispute about the legal submission made by learned counsel for the applicant.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Yogendra Nath Mishra , involved in Case Crime No. 326 of 2019, under Sections 419, 420, 406, 504 and 506 I.P.C., Police Station Sunghadi, District Pilibhit be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the

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ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 18.9.2020 Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.18 15:02:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Yogendra Nath Mishra v. State of U.P

Case brief

What is this about?

What did the court decide?

Yogendra Nath 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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