Allowed

Shyam Ji Mishra v. State of U.P. and Another

Allahabad HC24 Jul 2023ABAIL/8189/2023

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by Shyam Ji Mishra to meet apprehended arrest in a criminal case involving assault and outraging modesty. Finding the applicant has no antecedents and played a general role, bail was granted till trial end on bond conditions.

What did the court decide?

Granted anticipatory bail till end of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each, subject to standard conditions regarding appearance, tampering, and leaving the countr

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

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Neutral Citation No. - 2023:AHC:148742

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8189 of 2023

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Applicant :- Shyam Ji Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dadhi Bal Yadav,Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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Apprehending his arrest in Case Crime No.487 of 2021, under Sections 323, 504, 506, 452, 354 IPC, Police Station Chaubeypur, District Varanasi, the present anticipatory bail application has been moved by the applicant - Shyam Ji Mishra seeking anticipatory bail.

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It is alleged in the F.I.R. that the present accused applicant along with other co-accused persons came to the house of the informant and made an assault upon him, his wife and other family members. They also tried to outrage the modesty of the wife of the informant. Informant and his family members received injuries in the incident. F.I.R. was lodged on 15.11.2021 and investigation started and now charge-sheet has been submitted.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed. It is further submitted that only simple injuries have been caused to the injured persons in the present occurrence. In the assault, only general role has been assigned to the present applicant. Applicant has no criminal antecedents to his credit. It is further submitted that there was an altercation between the kids of both the families and the applicant happens to be the cousin of the informant and they are neighbourers to each other. It is further submitted that the applicant has been cooperative during the course of investigation and as such the applicant is entitled for

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anticipatory bail.

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

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It appears from the perusal of the record that the applicant has been cooperative during the course of investigation. After submission of charge-sheet, no custodial interrogation is required in this matter from the applicant as the offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years.

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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, likelihood 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 end of the trial in the matter.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned

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with the following conditions :-

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(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

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(ii) 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 / her from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 24.7.2023 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Shyam Ji Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shyam Ji Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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