Allowed

Ashok Kumar Mishra v. State of U.P.

Allahabad HC6 Sept 2023ABAIL/9653/2023

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail application filed under Section 438 Cr.P.C. for the applicant in a cheating case, granting release solely on the grounds that other co-accused have already been granted similar bail.

What did the court decide?

Anticipatory bail ordered on condition of personal bond, sureties, and adherence to specific conditions regarding investigation, evidence tampering, and witness intimidation.

Ashok Kumar Mishra Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:175466

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9653 of 2023

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Applicant :- Ashok Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Devottam Pandey, learned counsel for the applicant and Sri Ram Mohit Yadav, 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.119 of 2022, registered under Section 420 I.P.C. at Police Station- Bansdih Kotwali, District- Ballia with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused persons, Ashok Kumar Keshari, Lallan Yadav and Ashok Kumar Tewari, have already been granted anticipatory bail by this Court vide orders dated 24.5.2023, 3.5.2023 and 5.1.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 2017 of 2023, 4587 of 2023 and 11269 of 2022, respectively. The criminal history of one case assigned to the applicant stands explained in paragraph 21 of the affidavit filed with the anticipatory bail application. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the

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evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Ashok Kumar Mishra be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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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 the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 6.9.2023 Vikas

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[Krishan Pahal, J.]

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Ashok Kumar Mishra v. State of U.P.

Case brief

What is this about?

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Ashok Kumar Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

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