Allowed

Ajeet Kumar Mishra v. State of U.P.

Allahabad HC10 Apr 2023BAIL/13296/2023

Case brief

AI extract

What is this about?

Criminal Court No. 87 allowed bail to Ajeet Kumar Mishra in a cheating and forgery case. The court granted bail based on parity with an identically placed co-accused who had already been released on bail.

What did the court decide?

The applicant is released on bail on obtaining a personal bond and two sureties each in a mutually satisfactory amount, subject to conditions of not tampering with evidence, cooperating in trial, and

Ajeet Kumar Mishra Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13296 of 2023

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Applicant :- Ajeet Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.72 of 2022, under Sections 419, 420, 467, 468, 471, 409, 120B I.P.C., Police Station Vindhamganj, District Sonbhadra, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He next argued that identically placed co-accused, Virendra Kumar @ Guddu has been granted bail by this Court vide order dated 28.03.2023 passed in Criminal Misc. Bail Application Nos.7430 of 2023. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 11.01.2023. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P. (Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ajeet Kumar Mishra, who is involved in the

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aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.4.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Ajeet Kumar Mishra v. State of U.P.

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Ajeet Kumar Mishra v. State of U.P.

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