Anis Mishra Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Anis Mishra Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Anis Mishra on bail in FIR/Case Crime No. 96 of 2023 under Section 307 IPC, Police Station Bansdih Road, District Ballia, on furnishing a personal bond and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; and (c) not directly or indirectly making any inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them, or tampering with the evidence.

Issue for consideration

Whether the applicant, Anis Mishra, is entitled to be released on bail in FIR/Case Crime No. 96 of 2023 under Section 307 IPC, Police Station Bansdih Road, District Ballia.

Court's answer

The applicant Anis Mishra is entitled to be released on bail in Case Crime No. 96 of 2023 under Section 307 IPC; the bail application is allowed, subject to the imposed conditions.

Ratio / Principle

The Court granted bail on the basis that the applicant's role was confined to catching hold of the victim, the causing of injuries having been assigned to co-accused Ankit Mishra; the applicant has no criminal antecedents, was in custody since 28.05.2023, and nothing on record demonstrated that his enlargement on bail would adversely affect the trial.

Key takeaways

Bail was granted without expressing any opinion on the merits of the case.obiter¶¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Pankaj Bhatia, J.) allowed Criminal Misc. Bail Application No. 32473 of 2023 by Anis Mishra, arraigned in FIR/Case Crime No. 96 of 2023 under Section 307 IPC, Police Station Bansdih Road, District Ballia. The FIR alleged that the applicant and co-accused Ankit Mishra caused severe injuries to the victim with a hammer and lathi-danda; the victim's statement attributed the catching hold of the victim to the applicant and the infliction of injuries to Ankit Mishra. Noting the applicant's limited role, absence of criminal antecedents, custody since 28.05.2023, and nothing on record to show that enlargement would adversely affect the trial, the Court granted bail without expressing any opinion on merit, directing release on a personal bond and two reliable sureties of Rs. 25,000/- each, with conditions as to attendance, non-commission of similar offences and non-tampering with evidence.

Neutral Citation No. - 2023:AHC:154435

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32473 of 2023

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

Hon'ble Pankaj Bhatia,J.

1. A supplementary affidavit has been filed on behalf of the applicant today in Court. The same is taken on record.

2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

3 . The FIR in question was lodged alleging that two persons including the applicant had caused severe injuries by using hammer and Lathi-Danda . Subsequently in the statement of the victim, it was stated that Anis Mishra, the applicant had caught hold the victim and the co-accused Ankit Mishra had caused the injuries.

4. Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the nature of injuries caused, the role of the applicant is of only catching hold and the role of causing injuries to the victim has been assigned to the other co-accused Ankit Mishra coupled with the fact that the applicant has no criminal antecedents and is in custody since 28.05.2023 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

6. Accordingly, the bail application is allowed .

7. Let the applicant Anis Mishra be released on bail in FIR/ Case Crime No.96 of 2023, under Section 307 IPC, Police Station Bansdih Road, District Ballia on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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.

Order Date :- 2.8.2023 akverma

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