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Vinod Kumar Mishra Alias Shalu v. State of U.P.

Allahabad HC12 Jan 2023BAIL/59624/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Allahabad High Court granted bail to the applicant, Vinod Kumar Mishra Alias Shalu, involved in a crime case, upon furnishing a personal bond and two sureties without delving into merit. Standard conditions were imposed.

What did the court decide?

Prince was released on bail on furnishing a personal bond and two sureties of like amount to the satisfaction of the court.

Vinod Kumar Mishra Alias Shalu Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59624 of 2022

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Applicant :- Vinod Kumar Mishra Alias Shalu Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi,Shubham Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 606 of 2022, under Section 147, 323, 504, 506, 427, 455 and 307 I.P.C., Police Station- Ramgarh Tal, DistrictGorakhpur during pendency of the trial.

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It is submitted that the applicant has been falsely implicated in the instant case. As per allegations in the first information report four named accused persons including the applicant and ten to fifteen unnamed persons alleged to have assaulted the injured Shashank Sharma. As per the injury report, the injuries sustained by the injured are simple in nature. No specific role has been assigned to the applicant even in the statement of the injured person. The criminal history of the applicant has been explained in para 18 of the affidavit filed in support of the bail applicant. The applicant is in jail since 7.11.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Vinod Kumar Mishra @ Shalu involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence;

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.;

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 12.1.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Vinod Kumar Mishra Alias Shalu v. State of U.P.

Case brief

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Vinod Kumar Mishra Alias Shalu v. State of U.P.

Case brief

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