Allowed

Prince Kumar Mishra v. State of U.P.

Allahabad HC4 Apr 2023BAIL/9813/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a Lal Chand Bhrigupanti case in Gorakhpur, considering jail overcrowding and the right to speedy trial, without assessing the merit of the allegations.

What did the court decide?

Release on bail on personal bond and two sureties with conditions regarding tampering, court attendance, and proceedings under Sections 82 Cr.P.C., 229-A IPC, and 174-A IPC upon breach.

Prince Kumar Mishra Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9813 of 2023

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Applicant :- Prince Kumar Mishra Opposite Party :- State of U.P.

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Counsel for Applicant :- Awadhesh Kumar Yadav,Dinesh Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Prince Kumar Mishra, with a prayer to release him on bail in Case Crime No. 12 of 2023, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Kotwali, District- Gorakhpur, during pendency of trial.

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There is allegation in the FIR that the informant is owner of a vehicle. He needed a driver and therefore he talked to his friend, Rajesh Singh, who sent a driver, namely, Aurangjeb, alongwith the applicant to his house. The informant decided to get his vehicle driven by co-accused, Aurangjeb. Co-accused informed him that his vehicle is being booked for two days on the rent of Rs.3000/-. The informant asked to him to book the car and pay him Rs.2000/- per day. Thereafter it is alleged that the driver went with vehicle and after tampering his Adhar Card and putting photograph of the applicant thereon, he entered into agreement for sale of his vehicle and took Rs.1,15,000/- in advance. It is alleged that the applicant and co-accused are the members of the gang, who are involved in the commission of offences of criminal breach of trust, cheating, forgery and fabrication of valuable security.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The offence was done by coaccused, Aurangjeb and not the applicant. Only photograph of applicant was found to be pasted on Adhar Card of the informant, which was done by the co-accused and not the applicant. The applicant has no criminal history to his credit and is languishing in jail since 6.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one

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sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) 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) 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 sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 4.4.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Prince Kumar Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prince Kumar Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

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