Allowed

Sudhir Mishra @ Bauwa Mishra v. State of U.P.

Allahabad HC31 Jan 2023BAIL/60037/2022

Case brief

AI extract

What is this about?

Single judge court allowed bail to Sudhir Mishra in a gang-related case under U.P. Gangsters and Anti-Social Activities Act, 1986, citing prior anticipatory bail and lack of gang membership as factors.

What did the court decide?

Bail granted upon furnishing personal bond and two sureties subject to conditions including no tampering with witnesses and no new criminal activity.

Sudhir Mishra @ Bauwa Mishra Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 60037 of 2022

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Applicant :- Sudhir Mishra @ Bauwa Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant Rohit Nandan Singh, 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.- 413 of 2022, under Section 3(1) U.P. Gangsters and AntiSocial Activities (Prevention) Act 1986, P.S.- Shivli, DistrictKanpur Dehat during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in solitary case in which he has already been enlarged on anticipatory bail by Co-ordinate Bench of this Court and the court below, copy of the bail orders is annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang nor involved in any criminal anti-social activities. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 07.12.2022 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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Per contra, 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 , 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 Sudhir Mishra @ Bauwa Mishra, be

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released on bail on his furnishing a 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 :- 31.1.2023

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Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Sudhir Mishra @ Bauwa Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhir Mishra @ Bauwa 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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