Allowed

Guddu Mishra @ Rajesh Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC5 Jul 2022/1235/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application. The court held that the applicant established a prima facie case for bail on the ground of parity, as a similarly placed co-accused had already been granted bail in the same case. The applicant was ordered to be released upon furnishing a bond and two sureties, subject to specific conditions.

What did the court decide?

The applicant is to be released on bail on furnishing a personal bond and two sureties on conditions including presence in court and no adjournment.

Guddu Mishra @ Rajesh Mishra Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1235 of 2022

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Applicant :- Guddu Mishra @ Rajesh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Arun Kumar Tewari, learned counsel for the applicant and Sri Arvind Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 46 of 2021, U/S 411, 413, 414, 419, 420, 468, 471 IPC, Police Station Paraspur, District Gonda, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Nanke Mishra @ Shiv Prasad Mishra, has already been enlarged on bail by another Bench of this Court vide order dated 30.6.2022 passed in Criminal Misc. Bail Application No. 1359 of 2022. The applicant is languishing in jail since 18.6.2021. The criminal history of five cases assigned to the applicant has been explained in the supplementary affidavit. He further submitted that since the role of the applicant is identical to that of coaccused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused, has not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Guddu Mishra @ Rajesh Mishra, who is involved in aforementioned case crime number 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 conditions. Further,

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before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 5.7.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.07.05 16:53:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Guddu Mishra @ Rajesh Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

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Guddu Mishra @ Rajesh Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

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