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

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Neutral Citation No. - 2024:AHC-LKO:62770

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8231 of 2024

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Applicant :- Anjani Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

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Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.228 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 3(2) of Prevention of Damage to Public Property Act, P.S. Tarabganj, District Gonda.

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It is alleged in the prosecution case that gata No.557 minzumla hectare which was registered as banzar land has been recorded in the name of one Jatadhari thereafter, the land has been mutated in the name of Mahant Brij Mohan Das.

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Learned counsel for applicant submits that offences are triable by magistrate. Applicant is innocent and is a government servant. Applicant has no criminal history except the statement of Amit Kumar Tiwari and Rakesh Kumar Gupta. There is nothing against the applicant. He submits that purchaser Mahant Brij Mohan Das has already filed a suit for cancellation of sale deed. He submits that the applicant is in jail since 01.07.2024.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail

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since 01.07.2024, charge-sheet has been filed, offences are triable by magistrate, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Anjani Kumar Mishra be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or tamper with the evidence.

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(iv) 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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(v) 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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(vi) In case, the applicant misuses the liberty of bail during trial

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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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Order Date :- 11.9.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

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

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