Allowed

Deepak Mishra v. State of U.P.

Allahabad HC22 Feb 2021BAIL/7298/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a theft case involving a stolen motorcycle, despite the State's opposition. The applicant was released on a personal bond and local sureties, subject to specific conditions regarding witness tampering, attendance, and strict adherence to court dates.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of like amount.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7298 of 2021

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Applicant :- Deepak Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Supplementary affidavit filed on behalf of applicant, which is taken on record.

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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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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.626 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Kotwali Karwi, District Chitrakoot.

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Learned counsel for the applicant submits according to F.I.R. version between 24.11.2020 to 25.11.2020 a motorcycle No.U.P. 96 J 0018 was stolen. He further submits that on 02.12.2020, the alleged motorcycle was recovered from the possession of the applicant and on the basis of the recovery and confessional statement, he has been implicated in the present case. The co-accused Abhishek @ Bajrang Mishra has been already granted bail by co-ordinate Bench of this Court vide order dated 19.02.2021 in Criminal Misc. Bail Application No.7520 of 2021, therefore, the applicant is also entitled for bail. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 03.12.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Deepak Mishra involved in aforesaid case crime

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be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial 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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(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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. 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 :- 22.2.2021 Jitendra

Deepak Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak Mishra v. State of U.P.

Case brief

What is this about?

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