Allowed

Mishri Lal v. State of U.P.

Allahabad HC17 Oct 2022BAIL/41612/2022

Case brief

AI extract

What is this about?

Mishri Lal, a father-in-law of the deceased accused in a 498-A IPC case, seeking bail. The court found a prima facie case but granted bail subject to specific conditions regarding court attendance and prohibitions on adjournments, emphasizing no reflection on case merits.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond with two sureties on specified conditions.

Mishri Lal Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41612 of 2022

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Applicant :- Mishri Lal Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pawan Kumar Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant submitted that the applicant the applicant is father-in-law of the deceased and he is languishing in jail since 05.06.2022 (more than four months) having no criminal history. Due to father-in-law of the deceased he has been falsely implicated in this case. He had no concern of the so called demand and he was not beneficiary of the same. Nothing wrong has been done by him. There is no legal evidence against the applicant. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 05.6.2022. It has been pointed out that the applicant has

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no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant Mishri Lal involved in Case Crime No. 96 of 2022, under Sections 304-B, 498-A IPC, and Section 3/4 D.P. Act, Police Station Adalhat, District Mirzapur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he 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

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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, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 17.10.2022 v.k.updh.

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Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.10.20 13:36:25 IST Reason: Location: High Court of Judicature at Allahabad

Mishri Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mishri Lal v. State of U.P.

Case brief

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What did the court decide?

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