Criminal jurisdiction exercised to allow bail to Manoj Mishra charged under various IPC sections for affray and hurt, subject to conditions regarding court attendance and prohibition of adjournment.
Applicant released on bail by furnishing a personal bond and two heavy local sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:112666
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1501 of 2023
Applicant :- Manoj Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Upadhyay,Hariom Upadhyay,Jitendra Upadhyay Counsel for Opposite Party :- G.A.,Awadhesh Kumar Malviya
Hon'ble Dr. Gautam Chowdhary,J.
process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.07.2022 having no criminal history.
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may
proceed against him under Section 229-A of the Indian Penal Code.
III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.5.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail despite false implications and lack of criminal history.
Whether conditions precedent to bail can be imposed to ensure attendance and prevent misuse of liberty.
5 provisions across 2 enactments
Manoj Mishra
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
