Allowed

Mahendra Mishra and Ors. v. State of U.P.

Allahabad HC6 Apr 2023/10062/2021

Case brief

AI extract

What is this about?

Single judge allowed bail application under Section 439 Cr.P.C. for applicant accused of murder and affray. Court held that facts are similar to those of co-accused who were granted bail, satisfying conditions for enlargement on fanth of personal bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties each in like amount, subject to standard conditions.

Mahendra Mishra and Ors. Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10062 of 2021

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Applicant :- Mahendra Mishra And Ors. Opposite Party :- State of U.P.

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Counsel for Applicant :- Akhilesh Pratap Singh,Amar Nath Dubey,Bhupendra Raj Mani,R.B.S. Rathaur

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Counsel for Opposite Party :- G.A.,Dev Mani Mishra,Prabhat Kumar Mishra,Ram Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Akhilesh Pratap Singh, the learned counsel for the applicants and Sri Amit Kumar Dwivedi, the learned A.G.A.-I for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime no. 430 of 2020, under Sections 147, 148, 149, 323, 302, 307, 427, 452, 504, 506 I.P.C., registered at Police Station Raniganj, District Pratapgarh.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 16.08.2020 against fourteen named accused persons including the applicant and some unknown persons, alleging that all the persons had attacked the informant's house and on the exhortation of co-accused Madhav Prasad, all the accused persons had beaten the informant's father Dayashanker and his brother Anand and other family members. The informant's father and brother were taken to the hospital where they were declared dead.

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In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent and have been falsely implicated in the present case.

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A supplementary affidavit has been filed on behalf of the

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applicants disclosing the involvement of the Applicant No. 1 in another case bearing Case Crime No. 305/2020, under Sections 148, 147, 149, 323, 504, 506, 452, 188, 269 I.P.C and Section 3 of Epidemic Act, Section 51 of Disaster Management Act, P.S. Raniganj, District Pratapgarh, in which he has been granted bail by means of an order dated 06.06.2022 passed by the Additional Chief Judicial Magistrate, Room No. 13, Pratapgarh.

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Applicant No.3 is also involved in case bearing Case Crime No. 70/2010, under Sections 147, 323, 504, 506, 308 I.P.C, P.S. Kotwali Raniganj, District Pratapgarh, in which he has been granted bail by means of an order dated 18.06.2020 passed by the Additional Sessions Judge, Fast Track Court, Room No. 7, Pratapgarh.

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The learned counsel for the applicant has submitted that in the F.I.R., general allegations have been levelled against all the accused persons, no specific role has been assigned to the applicant. He has further submitted that the co-accused persons Chandramani Mishra, Rajesh Mishra @Gauru, Shatrughan Mishra, Madhav Prasad Mishra and Bablu Upadhyay and another have been granted bail by orders dated 23.05.2022, 06.05.2022, 07.10.2021, 25.02.2022 and 15.02.2023 in Criminal Misc Bail Application Nos. 5094 of 2022, 9189 of 2021, 4247 of 2021, 241 of 2022 and 10561 of 2021 respectively.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as the case set up against the applicant is similar to that set up against the other coaccused persons who have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant Mahendra Mishra, Dheeraj Mishra, and Pawan Kumar @ Bheem be released on bail in Case Crime no. 430 of 2020, under Section 147, 148, 149, 323, 302, 307, 427, 452, 504, 506 I.P.C., registered at Police Station Raniganj, District Pratapgarh., on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:

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(i) the applicants shall not tamper with the prosecution evidence;

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(ii) the applicants shall not pressurize the prosecution witnesses;

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(iii) the applicants shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi,J.)

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Order Date :- 6.4.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Mahendra Mishra and Ors. v. State of U.P.

Case brief

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Mahendra Mishra and Ors. v. State of U.P.

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