Allowed

Om Prakash Mishra v. State of U.P.

Allahabad HC21 Jul 2023ABAIL/2566/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by Om Prakash Mishra in a cheating and forgery case. The court applied settled principles regarding the seriousness of the offense and granted bail till the conclusion of the trial subject to bond conditions.

What did the court decide?

Grant of anticipatory bail till conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties.

Om Prakash Mishra Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146012

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2566 of 2023

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Applicant :- Om Prakash Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Rejoinder affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant, learned AGA and perused the material available on record.

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This application for anticipatory bail has been filed by applicant- Om Prakash Mishra in connection with Case Crime No. 121 of 2022 under sections 419, 420, 467, 468, 193, 120B, 406, 511 IPC, P.S. Salempur, District- Deoria.

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It is alleged in the FIR that by showing wrong date of death of Smt. Amrawati Devi, the accused applicant along with other coaccused persons with intention to grab her pension money produced the forged documents before the bank. FIR was lodged on 10.06.2022 and investigation started. Now charge sheet has been submitted.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Charge sheet in the matter has been submitted. It is further submitted that the informant in fact has no locus standi to lodge the FIR in this matter as he has no concern with the deceased Amrawati Devi or her family members. It is further submitted that the actual date of death of Amrawati Devi was 21.02.2020, which also found correct in the inquiry made by the B.D.O. It is further submitted that in the bank an application with intention to grab the money of the deceased Amrawati Devi was in fact produced by the informant and his companion showing forged date of death of the deceased as 25.12.2020. It is further submitted that due to the

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animosity of Gram Pradhan election the present criminal proceedings have been started by the informant. It is further submitted that the accused applicant has been cooperative during course of investigation and he had been granted protection vide order dated 14.03.2023 by this Court and the same has not been misused by the applicant. Criminal history of the applicant is explained through rejoinder affidavit. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till conclusion of trial in the matter.

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The anticipatory bail application is allowed accordingly.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a

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personal bond of Rs. 50,000/- 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 not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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ii. The applicant shall not pressurize/ intimidate the prosecution witness.

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iii.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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iv.The applicant shall not leave India without prior permission of the Court and if he has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In case of breach of any of the above conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail of the applicant in accordance with law.

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Order Date :- 21.7.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Om Prakash Mishra v. State of U.P.

Case brief

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Om Prakash Mishra v. State of U.P.

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