Allowed

Anil Mishra v. State of U.P. and 2 Others

Allahabad HC12 May 2022ABAIL/2522/2022

Case brief

AI extract

What is this about?

The applicant sought anticipatory bail in a case involving abduction. The court found the applicant falsely roped in due to family disputes and lack of evidence against him. Citing Sushila Aggarwal, the court granted bail subject to standard conditions.

What did the court decide?

Anticipatory bail granted until conclusion of trial on furnishing personal bond of Rs. 25,000 and two sureties of like amount.

Anil Mishra Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2522 of 2022

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Applicant :- Anil Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashvani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Learned A.G.A. has filed counter affidavit today, which is taken on record.

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Learned counsel for the applicant has filed supplementary affidavit today, which is also taken on record.

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Heard Shri Ashvani Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Anil Mishra in Case Crime No. 177 of 2014, under Section 364 IPC, Police Station - Raksa, District -Jhansi till the conclusion of the trial after rejecting the anticipatory bail application of the applicant by Sessions Judge, Jhansi vide order dated 31.1.2022.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the Investigating Officer submitted charge sheet against co-accused Aradhana @ Laxmi, Hemlata and Ghanshyam under sections 364 Cr.P.C., but exonerated other five named persons including the applicant. It is further submitted that owning to some family dispute, husband (abductee) decided to live with his wife at her parental house. It is further submitted that the applicant is the resident of the village of abductee and has no concerned with the present matter.

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It is further submitted that during trial, on the basis of evidence collected in the statements of PW-1, PW-2 and PW-3, the applicant and co-accused Ravi Pathak have been summoned under section 319 Cr.P.C. to face trial. It is further submitted that except statement of one independent witness, who stated that the applicant has participated in Panchayat which took place to resolve the matrimonial dispute between the abductee and his wife co-accused Aradhana, no other evidence was collected during investigation with regard to complicity of the

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applicant in the present matter. It is further submitted that First Information Report in question has been filed on the basis of false and frivolous allegations. It is further submitted that the applicant has not been convicted in any cognizable offence. Custodial interrogation is not required. It is further argued that after 4 months of the alleged abduction, abductee was found in the custody of in-laws of the abductee.

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He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. The applicant was granted interim anticipatory bail by this court vide order dated 21.4.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, however, nothing adverse has been pointed out against the applicant.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicants have falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Anil Mishra is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order

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downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;

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(v) 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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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed .

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Order Date :- 12.5.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.05.14 11:59:11 IST Reason: Location: High Court of Judicature at Allahabad

Anil Mishra v. State of U.P. and 2 Others

Case brief

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Anil Mishra v. State of U.P. and 2 Others

Case brief

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