The High Court allowed a bail application filed by Krishna Mohan Mishra in a criminal case involving vehicle damage and attempted arson. The court found merit in the counsel's argument regarding the delay in recording the FIR and lack of attempted arson.
The applicant was released on bail on furnishing a personal bond and two sureties.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8165 of 2022 Applicant :- Krishna Mohan Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.14 of 2022 at Police Station Phoolpur District Varanasi under Sections 436, 511 IPC. The applicant is in jail 18.01.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 01.02.2022.
Shri Virendra Kumar Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The delay of 10 days in the lodgment of the FIR is fatal to the prosecution case. The applicant was implicated on account of employer employee dispute. No attempt was made to set afire the vehicle. The vehicle was lightly damaged. The damage to the vehicle happened because of the old condition and lack of maintenance. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.
Shri Rishi Chaddha, learned AGA could not satisfactorily dispute the aforesaid submissions from the
record. Learned A.GA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Krishna Mohan 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 below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation
application before this Court.
Order Date :- 3.6.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.06.06 16:49:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the delay in lodging the FIR and the nature of the dispute warrant granting bail.
Whether the applicant, falsely implicated in an employer-employee dispute, deserves bail.
1 provisions across 1 enactments
Krishna Mohan Mishra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
