Allowed

Alok Misra v. State of Thru. Prin. Secy. Home Lko and Another

Allahabad HC8 Aug 2024/339/2022

Case brief

AI extract

What is this about?

The Allahabad High Court converted an interim anticipatory bail order into absolute bail for the applicant, who cooperated in the investigation, citing parity with a co-accused and referencing Supreme Court precedent on bail conditions.

What did the court decide?

Application allowed; interim anticipatory bail converted into absolute bail upon furnishing bond and sureties.

Alok Misra Vs State of Thru. Prin. Secy. Home Lko and… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54742

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 339 of 2022

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Applicant :- Alok Misra Opposite Party :- State Of Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Lalit Kishore Tiwari,Nitesh Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Dubey,Roopani Mishra

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Hon'ble Karunesh Singh Pawar,J.

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1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in FIR No.480 of 2021, under Sections 420 & 409 IPC, Police Station Kotwali Madion, District Lucknow.

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2. Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.

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3. A coordinate Bench of this Court while giving interim protection has passed the following order on 26.4.2022 :

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"Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.

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The present anticipatory bail application has been filed on behalf of the applicant in FIR No. 480 of 2021, under Sections 420, 409 IPC, Police Station Kotwali Madion, District Lucknow, with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has further submitted that co-accused person, Vivek Misra has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 30.3.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 262 of 2022. The applicant has no criminal history. Therefore, the present applicant is also entitled for anticipatory bail. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Matter requires consideration.

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Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.

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One week's time, thereafter, is granted to learned counsel for the applicant for filing rejoinder affidavit.

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On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable

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to be enlarged on anticipatory bail on the ground of parity and in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the accused-applicant- Alok Misra shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond = and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O./court concerned on the following conditions:-

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(i) the applicant shall make himself available for interrogation as and when required;

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(ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

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(iii) the applicant shall not leave India without the previous permission of the Court.

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List this case on 5th September, 2022 in the additional cause list. "

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3. Learned counsel for the applicant has submitted that the applicant has cooperated in the investigation and charge sheet has been filed. He has no criminal history.

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4. Learned A.G.A. has opposed the prayer, however, he could not dispute the aforesaid facts.

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5. Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, charge sheet has been filed and the applicant has cooperated in the investigation and he further undertakes to cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute.

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6. The application is allowed accordingly.

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Order Date :- 8.8.2024 kkb/

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

Alok Misra v. State of Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

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Alok Misra v. State of Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

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