Allowed

Rajneesh Mishra v. State of U.P.

Allahabad HC8 Feb 2023BAIL/59107/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicant in a criminal case involving Sections 395, 397, and 412 IPC. The applicant pleaded innocent and alleged false implication, lack of prior record, and that recovery of incriminating material was planted. The court allowed bail security on bond and sureties.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties in equal amounts.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59107 of 2022

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Applicant :- Rajneesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Dhar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Chandra Bhushan Dhar Dubey, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0085 of 2022, registered under Sections 395, 397, 412 I.P.C., Police Station Chilhiya, District Siddharth Nagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has no previous criminal antecedents. After arrest, applicant has been implicated in seven other cases. There is no evidence or witness to implicated the applicant in the present case. Applicant is not named in the FIR. It is said that from the possession of the applicant one factory made revolver and Rs.4,200/- have been recovered, in which recovery of revolver is false and planted. The applicant is languishing in jail since 05.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer 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 , 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, Rajneesh Mishra, who is involved in the aforesaid case crime, be released on bail on his furnishing a

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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 :- 8.2.2023 Nitin Verma

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

Rajneesh Mishra v. State of U.P.

Case brief

What is this about?

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Rajneesh Mishra v. State of U.P.

Case brief

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