Allowed

Kamlesh Prasad Mishra v. State of U.P.

Allahabad HC29 Sept 2021BAIL/14430/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 419, 420, 467, 468, 471, 506 IPC, the court granted bail to the applicant, noting the offence was non-cognizable, investigation complete, and a co-accused was granted bail previously.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties, subject to verification of sureties and adherence to undertaking conditions.

Kamlesh Prasad Mishra Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14430 of 2021

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Applicant :- Kamlesh Prasad Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Amit Kumar Singh, learned counsel for the applicant, learned A.G.A. and perused the record.

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By means of this application, the applicant, who is involved in Case Crime No. 154 of 2019, under Sections 419, 420, 467, 468, 471, 506 I.P.C., P.S. Pahadi, District Chitrakoot, is seeking enlargement on bail.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. It is next submitted that according to the F.I.R. version, the applicant executed a sale-deed in favour of informant being imposter of one Shiv Shankar, for a sale consideration of Rs.28,000,00/-, and some amount was transferred in the fake account of Shiv Shankar through RTGS and other modes in the account of Narendra Kumar Pandey. He further submits that co-accused Narendra Kumar Pandey has been granted bail by co-ordinate Bench of this Court vide orders dated 17.06.2020 in Criminal Misc. Bail Application No.14814 of 2020. Therefore, the applicant is entitled for bail on the ground of parity. It is also submitted that the charge-sheet in the matter has already been filed and the investigation has been completed. the offence is triable by Magistrate. There is criminal history of two cases against the applicant, which have been explained in Para 16 of the bail application. Applicant is languishing in jail since 27.8.2019. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Kamlesh Prasad Mishra who is involved in 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 subject to following

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conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 29.9.2021 Sweety

Kamlesh Prasad Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlesh Prasad 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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