Allowed

Rameshwar Mishra v. State of U.P.

Allahabad HC25 Jan 2021BAIL/5087/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5087 of 2021, the High Court of Karnataka granted bail to Rameshwar Mishra in a theft case involving IPC Sections 392 and 120B, admitted on personal bond and two sureties after considering that the applicant was falsely implicated.

What did the court decide?

Applicant admitted to bail on furnishing a personal bond and two sureties of the like amount.

Rameshwar Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5087 of 2021 Applicant :- Rameshwar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State

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The applicant is seeking bail in connection with case crime no. 212 of 2020 under Section 392, 120B IPC, P.S.Shyamdeurwa, District Maharajganj.

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As per allegations made in the first information report the on 13.10.2020 the informant was carrying some cash in his bag and was boarded on pick up and pick up was suddenly stopped and tried to arrange the passengers at around 1.45 pm in the meantime one accused person came and snatched the bag which he had kept between his legs and then ran away with bag on motor bike bearing no. UP56 Q 9770 which was being driven by another person.

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It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case. It is further pleaded that the the name of the applicant came into light in the extra judicial confessional statements of co-accused Shamsher Khan and Navindhar Dubey from whom recovery has been made. He further submits that nothing has been recovered from the possession of the applicant. It is also submitted that the case of the applicant is quite distinguishable from the case of co-accused Shamsher Khan and Navindhar Dubey. It is submitted that the applicant has come to be implicated in the present case as being informer qua the person who was carrying cash in his bag. It is further submitted that the applicant has no criminal history and he is in jail since 30.10.2020.

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Learned AGA has opposed the bail but could not dispute the aforesaid facts.

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In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be admitted to bail.

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Accordingly, applicant namely, Rameshwar Mishra is admitted to bail in the aforesaid case and he shall be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned

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It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before the court concerned as soon as it is issued.

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It is further directed that the applicant shall not misuse the liberty of bail and shall cooperate with the police/ investigating agency/ trial as the case may be.

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In view of the aforesaid, the bail application stands disposed of.

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Order Date :- 25.1.2021/Sanjeev

Rameshwar Mishra v. State of U.P.

Case brief

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Rameshwar Mishra v. State of U.P.

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