Allowed

Ganesh Mishra v. State of U.P.

Allahabad HC12 May 2023BAIL/16267/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a criminal bail application filed by Ganesh Mishra. The court accepted the submissions regarding the nature of the case and the applicant's lack of criminal history, explaining the Apex Court's decision in Satendra Kumar Antil. The court allowed the bail application, subject to specific conditions.

What did the court decide?

Bail granted on furnishing a personal bond and two heavy sureties, with verified sureties and specific conditions regarding conduct during investigation and trial.

Ganesh Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103254

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16267 of 2023

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Applicant :- Ganesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sipahi Lal Shukla Counsel for Opposite Party :- G.A.,Sandeep Kumar Dubey

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sipahi Lal Shukla, learned counsel for the applicant and Sri Sandeep Kumar Dubey, learned counsel for the complainant and Sri Mithlesh Kumar, learned A.G.A. for the 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.03 of 2023, under Sections 323, 504, 325, 308 I.P.C., P.S. Aurai, District Bhadohi.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant is a young boy aged about 20 years and is a student; N.C.R. was registered from both sides and both sides have sustained injuries; at this stage it is not known that as to who is the aggressor of the incident; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 24.03.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned counsel for the complainant as well as learned A.G.A. have opposed the bail prayer of the applicant and submits that the applicant has committed the crime in question and co-accused namely Deepak and Vijay assaulted the injured of the other side and there case is distinguishable from the case of the applicant.

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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 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, Ganesh Mishra who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the

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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 :- 12.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Ganesh Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ganesh Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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