Rahul Mishra Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2024:AHC-LKO:31038

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2327 of 2024

Applicant :- Rahul Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- P.K. Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime/FIR No. 125 of 2023, under Sections 323, 504, 506, 307, 325 I.P.C.relating to P.S. Jaitpur, District Ambedkar Nagar.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated. It is stated that as per the version contained in the First Information Report, it is alleged that on 14.07.2023 at around 06:00 PM, the applicant along with the other co-accused severely hit and beaten the victim, a fire shot was also fired but it missed and thereafter the applicant along with the co-accused hit the victim with an iron rod. Since the victim fell unconscious, another office friend came to stop but even he was also severely beaten. It is alleged that the victim was taken to the Primary Health Center from where he was referred to the Higher Center and as per the report, he sustained grievous injuries including fracture in the bone as well as in the skull.

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It is thus urged that the aforesaid does not appear to be quite probable, inasmuch as, the date of x-ray is dated 21st July, 2023 whereas the alleged incident is of 14th July, 2023 at around 06:00 Pm. It is most improbable that where such injuries has been caused then under what circumstances, the Higher Center would have examined and conducted almost after a week where there is no explanation apart from the fact that in the statement under Section 161 Cr.P.C., it was stated there was certain animosity relating to the upcoming Loksabha Election and it is in the aforesaid context that the applicant has been falsely implicated. Moreover, it is further stated that the applicant has been charged with cases, details of which has been mentioned

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in paragraph 16 of the bail application as well as the applicant has been languishing in Jail since 12.11.2023.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Rahul Mishra involved in Case Crime/FIR No. 125 of 2023, under Sections 323, 504, 506, 307, 325 I.P.C.relating to P.S. Jaitpur, District Ambedkar Nagar be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 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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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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) recording of statement under Section

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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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Order Date :- 22.4.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rahul Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Rahul Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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