Allowed

Abhishek Mishra v. State of U.P.

Allahabad HC14 Feb 2023BAIL/6895/2023

Case brief

AI extract

What is this about?

Acquitted applicant challenging false implication in a criminal matter involving married lady victim. Court allowed bail application, observing allegations regarding promise of marriage to married lady with children are incorrect. Bail granted with security conditions and attendance mandates.

What did the court decide?

Accused released on bail by furnishing personal bond and two sureties with conditions regarding court attendance and prohibition on adjournments.

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

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6895 of 2023

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Applicant :- Abhishek Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Jai Shankar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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Heard Mr. Jai Shankar Pandey, learned counsel for the accused/applicant and Mr. Mithilesh Kumar, learned A.G.A. appearing on behalf of the State respondent.

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This is the first bail application filed on behalf of the accused/applicant Abhishek Mishra. It is submitted by the learned counsel for the accused/applicant that accused/applicant is innocent and has falsely been implicated in the crime. The victim is a married lady having two children. He further submitted that accused/applicant has lended some money to the victim and when he demanded his money back a false FIR has been lodged against the applicant. The accused/applicant is languishing in jail since 20.10.2022. The accused applicant has no criminal history, as stated in paragraph No.18 of the afÏdavit filed in support of the bail application. Hence he may be enlarged on bail.

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Learned A.G.A. appearing on behalf of the State opposed the bail application of the accused/applicant and submitted that victim has supported the version of the FIR in her statements recorded under Sections 161 and 164 Cr.P.C. It has been written in the FIR that accused/applicant has also made physical relations with the victim on the false promise of marriage. Hence the accused/applicant should not be enlarged on bail.

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Considered the rival submissions and perused the material available on record.

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It transpires from the record that victim is a married lady having two children. Therefore, allegation of promise of marriage does not appear correct.

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Considering all these facts and circumstances and also the fact that accused/applicant is languishing in jail since 20.10.2022, it appears just to enlarge the accused applicant on bail.

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Accordingly, the bail application filed on behalf of applicant is allowed.

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Let the applicant Abhishek Mishra involved in Case Crime No.0707 of 2022, under Sections 376, 323, 452, 506 of I.P.C. Police Station Tronica City, District Ghaziabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)

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recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

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(v)The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 14.2.2023 A. K. Singh

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Abhishek Mishra v. State of U.P.

Case brief

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Abhishek Mishra v. State of U.P.

Case brief

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