Allowed

Rajan Mishra v. State of U.P. and Another

Allahabad HC6 Jul 2023ABAIL/3190/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by Rajan Mishra in an alleged affray case under Section 354 IPC. The court granted bail subject to standard conditions and explicitly stated that the grant would not prejudice the trial court's independent opinion.

What did the court decide?

Anticipatory bail granted on a personal bond with two sureties subject to conditions of appearance and no tampering with evidence or witnesses.

Rajan Mishra Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132887

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3190 of 2023

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Applicant :- Rajan Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0607 of 2022, under Section 354 IPC, Police Station Campeirganj, District Gorakhpur, with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, the applicant is stated to have outraged the modesty of the informant on 10.12.2022 at about 1.30 pm by barging into her house in an inebriated state.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has next stated that there is no injury sustained by the victim, who is major. There is no injury report to corroborate the prosecution story.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and

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also the fact that the applicant has no criminal history.

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On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Rajan Mishra involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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ii. that 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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iii. that the applicant shall not leave India without previous permission of the court;

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iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 6.7.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Rajan Mishra v. State of U.P. and Another

Case brief

What is this about?

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Rajan Mishra v. State of U.P. and Another

Case brief

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