Allowed

Rudramani Mishra v. State of U.P.

Allahabad HC21 Sept 2022BAIL/2333/2022

Case brief

AI extract

What is this about?

Hon'ble Samit Gopal, J. allowed the amendment application and enlarged the applicant on bail. The court noted the applicant's age, health issues, and lack of criminal record. Bail was granted subject to stringent conditions regarding trial attendance, evidence tampering, and harassment prevention.

What did the court decide?

The applicant Rudramani Mishra was released on bail on furnishing a personal bond and two sureties, subject to six specific conditions regarding trial conduct and attendance.

Rudramani Mishra Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2333 of 2022

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Applicant :- Rudramani Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Akash Dwivedi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Order on Amendment Application No. 3 of 2022

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This is an amendment application dated 17.08.2022 in compliance of the order dated 17.08.2022.

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The amendment application is allowed.

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Learned counsel for the applicant is permitted to carry out the necessary amendment in the prayer of the bail application during the course of the day.

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Order on bail application.

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Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rudramani Mishra, seeking enlargement on bail during trial in connection with Case Crime No. 745 of 2017, under Sections 13(1)E, 13(2) of Prevention of Corruption Act, 1988, registered at Police Station Handia, District Prayagraj.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation against the applicant is that during check period from 14.05.2007 to 24.12.2011 the applicant was found to have earned income of Rs. 7,56, 213.00/- excess of his known source of income while being working as Public Relations Officer of Charitable Trust in Handia of which the then Education Minister, Government of Uttar Pradesh was the Secretary. It is argued that the said allegations are totally false and with malafide intentions. It is argued that charge sheet no. 6 of 2019 dated 19.11.2019 in the matter has been submitted against the applicant on which the trial court taking cognizance vide order dated 13.01.2020.

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Further, while placing para 2 of the supplementary affidavit dated 28.03.2022 it is argued that the applicant is aged about 70 years as is mentioned in the Aadhar Card is 01.10.1952. Further, the applicant is suffering from various old age diseases like diabetes, blood pressure and prostate. Para 3 of the said supplementary affidavit and annexure 2 being the medical prescription is placed. It is argued that since the investigation has concluded there are no chances of tampering with evidence or threatening the witnesses. It is further argued that the explanation of the details of the income of the applicant have been disclosed and have been given to the Investigating Officer. Para 29 of the affidavit has been placed before the Court. The applicant is also a practicing advocate in District Court, Allahabad since the last 40 years and his Registration Number is 15/1978 and COP Number is 095951. Copy of the Registration Certificate and Identity Card has been placed before the Court which is annexed as annexure 23 and para 30 of the affidavit in support of the bail application. He further argued that the applicant has no criminal history as stated in para 59 of the affidavit in support of the application and is in jail since 15.12.2021.

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Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and there is an allegation of his having disproportionate income from the known sources. The charge sheet in the matter has been submitted against him.

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After having heard learned counsels for the parties and perusing the records, it is evident that the investigation has concluded and charge sheet has been submitted. The applicant is aged about 70 years and is in jail since 15.12.2021 without any criminal antecedents.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Rudramani Mishra , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

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(V) 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 and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 21.9.2022 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by MOHAMMAD ARIF Date: 2022.09.21 16:15:48 IST Reason: Location: High Court of Judicature at Allahabad

Rudramani Mishra v. State of U.P.

Case brief

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Rudramani Mishra v. State of U.P.

Case brief

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