Allowed

Durga Prasad Mishra v. State of U.P and 2 Others

Allahabad HC16 Jan 2023ABAIL/12906/2022

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to a 70-year-old retired applicant in a corruption case involving forgery and cheating. The court considered his age and the 2001 nature of the incident grounds for bail, directing him to surrender on bond with sureties.

What did the court decide?

Anticipatory bail allowed subject to furnishing personal bond and two sureties and adherence to investigation conditions.

Durga Prasad Mishra Vs State of U.P and 2 Others — Corruption | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12906 of 2022

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Applicant :- Durga Prasad Mishra Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Sudhanshu Pandey,Mayank Mohan Dutt Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. Sudhanshu Pandey, learned counsel for the accused-applicant, as well as learned Additional Government Advocate, representing respondent-State, and gone through the record.

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The present application under Section 438 Cr.P.C. has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 821 of 2012, under Sections 420, 465, 467, 468, 471, 120B I.P.C. and Section 13 (1)(d) of Prevention of Corruption Act, Police Station Tarya Sujan, District Kushinagar.

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The present application has been filed after the learned Additional Sessions Judge/Special Judge (Anti-Corruption Act), Court No. 5, Gorakhpur has rejected the anticipatory bail application of the accused-applicant vide order dated 5th December, 2022 passed in Anticipatory Bail Application No. 6704 of 2022 .

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As per the prosecution case, Truck No. U.P. 53 K 6901 and Truck No. U.P. 53 A 7305 were being used by their owners in the year 2000-01 for transporting pulse etc. from Madhya Pradesh. The accused-applicant was posted at Sales Tax Barrier at Tamkuhi Raj Kushinagar ensured that the said trucks without paying requisite tax, pass the Sales Tax Barrier. He also prepared forged receipt etc. The accused-applicant made certain

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forged entries in respect of these trucks passing the Sales Tax Barrier in Sales Tax Registers. The accused-applicant has not co-operated in the course of investigation and investigation is still pending against him, however, in respect of the other coaccused, charge-sheet has been filed.

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Learned counsel for the applicant has submitted that the accused-applicant is 70 years of age, he got retired from service in the year 2005 and he is ready to cooperate during the investigation.

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Learned Additional Government Advocate has opposed the prayer for anticipatory bail.

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Considering the advance age of the accused-applicant and also taking into consideration of the fact that the alleged incident is of the year 2001, the accuse-applicant is entitled to be enlarged on anticipatory bail.

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Accordingly, this anticipatory bail application is also allowed and it is directed that applicant Durga Prasad Mishra shall appear before the trial Court within three days from today and furnish a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. On furnishing personal bond and sureties, the applicant Durga Prasad Mishra shall be admitted on bail in Case Crime No. 821 of 2012, under Sections 420, 465, 467, 468, 471, 120B I.P.C. and Section 13 (1)(d) of Prevention of Corruption Act, Police Station Tarya Sujan, District Kushinagar, subject to the following conditions:-

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(i) That the accused-applicant shall appear before the I.O. concerned on 18th January, 2023 and shall cooperate during the course of investigation and will appear as and when the

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Investigation Officer required him to appear for investigation of the offence;

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(ii) That the accused-applicant will not misuse the liberty and he will not try to influence any witness or tamper with the evidence; and

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(iii) That the accused-applicant shall follow other conditions as the trial Court may deem fit and proper in the facts and circumstances of the case.

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In case of breach of any of the said conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move an application for cancellation of bail in accordance with law.

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The applicant is permitted to file computerized copy of this order downloaded from the official website of this Court for necessary compliance.

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[Dinesh Kumar Singh, J.]

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Order Date :- 16.1.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Durga Prasad Mishra v. State of U.P and 2 Others

Case brief

What is this about?

What did the court decide?

Durga Prasad Mishra v. State of U.P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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