Allowed

Ram Anuj Mishra @ Babloo Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC2 Sept 2024/9182/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the accused charged under Sections 304, 308, and 323 IPC. Finding prima facie material for implication missing based on the FIR facts and the accused's statement, the court ordered his release on bond with sureties.

What did the court decide?

Released on bail with two sureties of Rs.20,000/- each on execution of bond containing undertakings to attend hearings and not tamper with evidence.

Ram Anuj Mishra @ Babloo Mishra Vs State of… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59921

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9182 of 2024 Applicant :- Ram Anuj Mishra @ Babloo Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Pathak,Vijay Prakash Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA for the State; Shri Firoz Ahmad Khan, learned counsel for the informant and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.202 of 2024, under Section 304, 308, 323 IPC, P.S. Tarun, District Faizabad/Ayodhya.

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3. In terms of the FIR registered on 20.06.2024 it was alleged that on 19.06.2024 at about 7 PM, grandson of the informant was taken on a motorcycle for some purpose and subsequently, the bike was stopped by the accused for some work and thereafter, information was received that the grandson was laying alongwith the motorcycle with the indicators on. It was subsequently recorded that when when the son of the informant went to the spot, the applicant informed him that some four wheeler had committed the accident, however, an apprehension was expressed that the applicant had caused the injuries to the grandson of the informant. The postmortem report on record indicates presence of stitched wound on the right side of the head and two contusion on the right and left side of the head.

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4. In the light of the said, learned counsel for the applicant argues that apart from the statement expressing apprehension, there is no material to link the applicant with the offence in question.

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5. Learned AGA has opposed the bail application.

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6. Considering the FIR itself, prima-facie , the applicant had informed the son of the informant that some four wheeler had caused the accident which was the cause of the injuries and the subsequent death. As such, considering the said facts, primafacie , the material to implicate the applicant under Section 304 & 308 IPC is apparently missing, as such, the applicant who has no criminal history and is in custody since 02.07.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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7. Let the applicant Ram Anuj Mishra @ Babloo Mishra be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 2.9.2024

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nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Ram Anuj Mishra @ Babloo Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Ram Anuj Mishra @ Babloo Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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